New laws to allow alleged historical abuse victims to re-raise time-barred claims

Legal reforms set to go through Holyrood will allow alleged victims of historical abuse whose claims were time-barred to re-raise them in court.

Last summer the Scottish government launched a consultation on the three-year limitation period on actions for damages for survivors of physical and sexual abuse. Claims will be allowed as far back as September 1964.

At present, the law states that an action must commence “within three years of sustaining an injury or within three years of becoming aware of an injury”.

Under the Prescription and Limitation Scotland Act 1973 a person making historical allegations must do so within three years of their 16th birthday.

Cases which previously failed on time-bar grounds will be capable of being re-raised under the new laws.

In 2008 the Law Lords ruled two alleged victims of abuse by nuns from Nazareth House in Glasgow who sought £50,000 had left their claims too long.

They claimed they suffered cruel punishments which led to psychiatric illness in later life and ultimately financial loss. The order, which has since disbanded, denied the claims. The failure of these two cases saw the claims of about 1,000 alleged abuse victims fail.

Cameron Fyfe from Drummond Miller said: “I have been campaigning for the last 15 years to have the current time bar rules amended so I am delighted for the victims of abuse that this rule is to be changed.

“I think the Scottish government accept that the existing rule may be appropriate in road traffic cases or accidents at work but not in abuse cases, as victims often take many years to come to terms with their suffering.

“When the law is amended, I would expect an avalanche of cases that will be even bigger if the Scottish government also allow victims to re-raise court actions that were dismissed in the past on the grounds of time bar.”

However, the Faculty of Advocates has said the existing system is fair to both parties.

A Scottish government spokeswoman said: “We are currently considering the responses to our consultation on the issue of time bar and remain committed to sharing a draft bill by the end of the Parliamentary Session, with a view to taking forward or supporting legislation in the next Scottish Parliament.

“The consultation included the issue of the position of people who have previously brought a civil case forward but were rejected on the basis of limitation.”