SCOLAG backs removal of limitation period for abuse survivors

On balance, the Scottish Legal Action Group believes that the unique status of survivors of historical child abuse, specifically the high likelihood of delayed reporting of alleged abuse often due to complex feelings of shame and fear of authority warrant the abolition of the limitation period as proposed. We are of the opinion that these factors differentiate child abuse sufferers from other sufferers of personal injuries.

SCOLAG believes that the current system of judicial discretion to allow time barred claims under s.19 of the Prescription and Limitation Act 1973 does not adequately serve those who have suffered child abuse in that judicial interpretation of the section has placed too high a burden on pursuers seeking to argue why the normal effect of the expiry of the limitation period should not apply.

We believe that in this context, the outright abolition of the three year limitation period is reasonable and that there is unlikely to be an unmanageable influx of new claims in any event as the success or failure of any new cases will continue to be determined primarily by reference to the quality of the available evidence.

Whilst supportive of the main proposal of the consultation to remove the limitation period, SCOLAG does however expresses serious concern about any proposal to allow cases to be “re-raised” which have already been refused under s.19 of the Prescription and Limitation Act 1973. The Group believes that to allow such claims to proceed would be an affront to the principles of legality and certainty and those previous judicial decisions should not be subject to review on this basis.