Scottish Limitation Abolition Bill

The Scottish Parliament’s Justice Committee has endorsed the general principles of the Bill proposing the retrospective abolition of limitation in cases of childhood abuse. Nonetheless, significant issues of detail and relevant concerns have been flagged in the Committee’s Stage 1 Report. This is now for further consideration by the Scottish Government. We summarise the position taken by the Committee on pre-26 September 1964 abuse then list the issues which have been flagged for further attention. Continue reading

Sexual abuse overseas and limitation

As the IICSA confirms the initial hearing dates for the first public hearings which form part of the investigation in to the Protection of Children Outside of the UK, the High Court has handed down a judgment which is linked to this issue as it addresses limitation when abuse has occurred overseas.

In the case of KXL and others[1] the High Court rejected the claims and the claimants’ contentions that the Foreign Limitation Provisions Act 1984 (FLPA) conflicts with public policy and/or causes undue hardship to claimants because there is no discretionary power to extend the time limit in a historical abuse claim.

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