Court of Appeal overturns ‘same roof’ rule in claims to the CICA

The Court of Appeal have unanimously declared the ‘same roof’ rule incompatible with article 14 of the European Convention on Human Rights (“the Convention”) and opened the way to compensation claims from victims of abuse perpetrated by family members living together before October 1979. Continue reading

Impact of the Abolition and Amendment of the Law of Limitation in relation to non-recent child abuse – comparative experiences

Western Australia is the latest state to introduce laws which will enhance the prospects of success for claimants’ bringing claims for damages arising out of non-recent sexual abuse. Following the lead of all other states, apart from South Australia, legislation has just been enacted that will abolish the 6 year limitation period.   The recently concluded Royal Commission found that on average an individual waited 22 years to disclose their abusive experiences   The changes being introduced also provide a legal basis for suing institutions in the name of their current office holders and include provisions designed to overcome difficulties survivors may face in identifying a correct defendant.  Continue reading