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Removing time bar 16/03/2016 The Scottish Government has published a draft Bill that removes a barrier on survivors who were abused as children seeking civil damages in court.

Removing time bar

The Scottish Government has published a draft Bill that removes a barrier on survivors who were abused as children seeking civil damages in court.

The Limitation (Childhood Abuse) (Scotland) Bill would remove the three-year time bar on survivors, who were abused on or after 26th of September 1964, seeking damages in the civil court.

The draft Bill amends section 17 of the Prescription and Limitation (Scotland) Act 1973. It removes the three year limitation period for personal injuries actions resulting from abuse when the person who sustained the injuries was a child at the time of the abuse. It applies to abuse occurring before and after commencement of the provisions.

Applications for cases that have not succeeded in court due to time bar to be raised again will be subject to the court’s consideration of Convention rights.

Further details can be found here and the draft Bill is here.

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