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‘No win, no fee’ - are clients being hoodwinked?
Dale Gibbons
Earlier this month, the Government announced landmark reform to child sexual abuse personal injury claims. In legislation expected to be put before parliament next year, the 3-year time limit to bring such claims, which begins to run from a Claimant’s 18th birthday, will be abolished. The burden of proof on determining whether there can be a fair hearing will also shift, from the Claimant to the Defendant.
It can often take potential Claimants many years to come to terms with the abuse suffered as a child. There has been a longstanding debate as to whether an exception to the limitation rules should be made for child sexual abuse claims.
Why is the law changing?
Child sexual abuse has attracted considerable media attention in recent weeks. However, the reform to the limitation period comes off the back of a Ministry of Justice led consultation into limitation law reform in 2024, further to the recommendations of the Independent Inquiry into Child Sexual Abuse in 2022.
The 3-year limitation period, the time in which Claimants have from the date of injury or date of knowledge to bring a claim for damages, applies to all clinical negligence and personal injury claims. For children, the clock does not start to run until they are 18 and may be perpetually suspended for those classified as protected parties. The Court may grant permission for a time-barred claim to proceed if the Claimant can prove, in reference to factors outlined in Section 33 of the Limitation Act 1980, that a fair hearing would still be possible. Broadly, the Court considers whether the prejudice to the Claimant in time-barring the claim would outweigh the prejudice to the Defendant in allowing the claim to proceed.
The expected change in the law recognises that many Claimants are not ready to handle the psychological burden of bringing a legal action within the relatively short time window, and often not by the age of 21.
Indeed, the average time for victims and survivors to disclose sexual abuse is 26 years, according to research by the All-Party Parliamentary Group on Adult Survivors of Childhood Sexual Abuse. Claimant solicitors also reported that some clients felt pressured into accepting a lower settlement offer from Defendants in relation to a time-barred claim because of the litigation risk of a Court not exercising discretion in their favour.
How will the new law impact existing, previously time-barred or settled claims?
The reform will apply to existing, as well as new child sexual abuse claims, save for those already settled or dismissed when the law comes into force. The former cases will not be reopened as the Government recognises that certainty and finality are key components of the rule of law.
Have any concerns been raised?
The Government accepts concerns raised regarding the cost of insurance for institutional Defendants, such as local authorities. However, the Government believes that the benefits of changing the law greatly outweigh potential negative repercussions. The cause of action – child sexual abuse – is itself identified as the reason why victims and survivors delay issuing claims, which is believed to distinguish it from other forms of personal injury.
Scotland, and regions of Canada and Australia, have already enacted similar limitation law reform, further persuading the Government of its necessity.
Looking ahead
No change in the law is expected until 2026 at the earliest, when the Government is anticipated to introduce draft legislation to parliament. The final legislation may well look different to the brief outline provided to date.
In the meantime, we expect updates regarding a new Pre-Action Protocol for child sexual abuse claims. The Government plans to consult the Civil Procedure Rule Committee and Civil Justice Council in light of a positive response from solicitors following the consultation.
As matters stand, we recommend that you do not delay in seeking legal advice. Further information about sexual abuse claims can also be found here.
If you wish to speak to our sensitive and specialist personal injury team, please contact us on +44 (0)20 7814 1200.
Further information
If you have any questions, please contact Eurydice Cote or Chloe Jacot in our Medical Negligence and Personal Injury team.
About the authors
Chloe Jacot is an Associate in the Medical Negligence & Personal Injury team. Chloe supports clients across of range of legal claims. She has particular experience in litigating birth and spinal injuries.
Eurydice Cote is a Senior Associate in the Clinical Negligence Team. She represents individuals who have sustained life changing injuries.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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