25th Feb 2025

New reforms on limitation will help survivors of historic childhood sexual abuse

Prior to 2008 someone wishing to claim compensation for sexual abuse had to bring court proceedings with the later of 3 years from the date of the sexual assaults or their 21st birthday. This was referred to as the limitation rule. So if someone was 15 years old when the abuse happened a claim had to be initiated by the claimant's 21st birthday. The law at that time meant there was no latitude and no mitigating circumstances. Defendants invariably used the limitation rules to defend claims sometimes in circumstances when it was clear the abuse had occurred, and the defendant was not prejudiced by any delay.

In 2008 The Supreme Court relaxed the rules. In A v Hoare the Court held that the limitation period for claims of sexual abuse should be treated the same as other personal injury claims, allowing for a more flexible approach to time limits. This means that victims of sexual abuse can bring claims even if a significant amount of time had passed since the abuse occurred, provided they could demonstrate a valid reason for the delay and that the defendant had not been prejudiced in its ability to defend a claim. Victims often delay making claims due to a complex mix of factors including fear, shame, disbelief, a desire to avoid further trauma by reliving the event, concerns about not being believed, the potential for negative social repercussions, a complicated relationship with the perpetrator; and uncertainty about the legal process. Prejudice can arise if the delay in commencing a claim means that witnesses cannot be located, documents have been lost or destroyed, and the victims' memory of events has become hazy. Significantly, it is the Claimant who has to prove the defendant has not been prejudiced by any delay and that a fair trial can proceed.

In 2015 the Government set up the Independent Inquiry into Child Sexual Abuse ("IICSA") following the revelations about Jimmy Savile and others. In 2022 the Inquiry published its report, making several key recommendations. One of these centred upon the problems encountered by victims when faced with a limitation defence.

IICSA has recommended the Limitation period should be effectively removed for victims wishing to bring claims for compensation for sexual abuse.

In February 2025 the Government published its long-awaited response to the recommendations of IICSA in a report entitled "New Reforms to Support Victims of Child Sexual Abuse" which can be found by clicking the following link. https://www.gov.uk/government/news/new-reforms-to-support-victims-of-child-sexual-abuse

It is proposed there should be an absolute ban on defendant's wishing to raise limitation as a defence. However, the burden of proof will be shifted away from the claimant to the defendant who will now have to show that a fair trial is not possible because of the delay in commencing proceedings. In practice this makes a significant difference to the way in which claimant lawyers and defendant lawyers are likely to approach the issue of limitation.

The Government's response is just that and not law. However, it is envisaged that the new rules will not be retrospective, meaning that old cases that have settled - perhaps at a low sum to reflect the limitation risk - cannot be re-opened. However, new or ongoing claims can take advantage of the proposed changes to the limitation rules. Not only does a Claimant not have to worry about limitation, but it also means that defendants cannot force low settlements by using the threat of limitation to drive down compensation.

There may have been cases in the recent past that failed altogether because solicitors advised that limitation was likely to mean a claim would succeed. If so, it will almost certainly be worth revisiting these claims as the defendant is unlikely to be able to rely upon limitation as a defence. If you would like a free, no obligation consultation to establish whether your claim is now likely to succeed, please call us for specialist advice. We are a niche firm dedicated to helping survivors of sexual abuse. We are also committed to ensuring our clients receive the compensation they are entitled to and offer No Win No Fee agreements to avoid the financial headache of funding litigation. 

If you or anyone you know is the victim of historic childhood sexual abuse and expert help, please contact Robert Shaw on 01392 345332, or email robert@robsonshaw.uk If you would prefer to speak to a female please call Sam on her direct dial, 01392 345 331 or email sam@robsonshaw.uk For a free no obligation and confidential discussion.

Category: News Updates