Change in Limitation Period
It may be possible now for a victim of assault or abuse to claim for damages outside the prescribed limitation period.
Neil Lorimer of Lanyon Bowdler Solicitors commented “people who are subjected to assaults – particularly those of a sexual abuse nature, are not always aware of their injuries at the time of the incident.”
It had been the law that there had been an absolute bar on bringing a claim once 6 years had elapsed. This resulted in much unfairness particularly in sexual abuse cases which did not come to light until years after the event.
As a result of this reversal, a test may now be applied to establish, whether the Claimant would ‘reasonably’ have considered the injury sufficiently serious to justify instituting proceedings. Any personal characteristics of the claimant, which may have prevented him from acting as a ‘reasonable’ person, would now be a matter for the Court to decide. An application may then be made to proceed with the claim outside the standard limitation deadline.