Earlier this year we reported on draft legislation from the Scottish Government to remove limitation for damages claims arising from historic child abuse. The Scottish Government has now announced that it will bring the legislation forward as part of its current legislative program.
Although timescales are unknown at the moment, it is clear that when the Act comes in to force it will open the door to what would otherwise be stale legacy claims. You can get more information on the new legislation by reading our previous article.
The new legislation also allows cases that had previously been dismissed by a court because they were considered time barred to be re-raised subject to the defender’s convention rights not being breached. This latter point will raise interesting questions around prejudice, the right to a fair hearing and peaceful enjoyment of possessions. There is likely to be some interesting discussions and litigation ahead.