To conclude GB Speciality’s analysis of the key recommendations proposed by the IICSA inquiry, Senior Associate, Wendy Goulder, looks at Recommendation 15 of the final report: The removal of the three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse.
Following the extensive investigation carried out by IICSA, the Inquiry considered the issue of limitation to be one of their key recommendations, number 15 to be exact. The Inquiry has recommended to the government that the limitation period for bringing a claim should be removed in all cases involving child sexual abuse, other than those that have already been dismissed at trial or settled. Yet, preserving the defendant’s right to a fair trial, albeit with the burden falling on the defendant to show that a fair trial is not possible.
To consider this in detail and further analyse, let’s go back to basics.
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