MSPs back end to time bar for damages in child abuse actions

Annabelle Ewing

A bill to remove the three-year time limit on survivors of childhood abuse seeking civil damages in court has passed its first stage in the Scottish Parliament.

MSPs unanimously backed the Limitation (Childhood Abuse) (Scotland) Bill which, if enacted, will remove the time bar for any cases arising from abuse on or after 26 September 1964.

Legal affairs minister Annabelle Ewing , said: “It is important for all of society, not least the justice system, to recognise the reasons why people do not come forward to tell of the harm done to them until many years later. We must remove barriers to survivors pursuing civil damages. That is why we are removing the current three year limitation period in these cases. That is also why the bill will enable cases which have been unsuccessful because of the current rules on time bar to be brought to court again and enable the widest possible circumstances of abuse to be considered.

“I welcome the Justice Committee’s support for the general principles of the bill and recognition of the importance of removing a barrier which has proved insurmountable for so many survivors.

“This bill is about access to justice. It is about acknowledging the unique position of survivors of childhood abuse as children who were betrayed by those they should have been able to trust – recognising the abhorrent nature of the abuse, the vulnerability of the child at the time, and the profound impact of abuse; an impact which lasts well into adulthood and which, itself, prevents people from coming forward.”

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