Domestic Abuse: Civil Proceedings
The question
To ask the Secretary of State for Justice, what assessment she has made of the potential merits of extending the time limit on bringing forward a civil legal claim for abuse.
Answered by Sarah Sackman
The basic principle of limitation law is to provide fair and equitable access to justice for claimants by setting reasonable time limits, whilst for defendants the law offers fairness, finality and certainty in terms of the period in which they may face litigation. Rules exist to enable the possibility for extensions in exceptional cases where this is justified.
The position on personal injury cases (such as abuse claims) is that claims should be brought within three years (from the age of 18 for minors), although the legislation specifically provides for courts to extend this where it is satisfied that would be equitable.
The Government considers that the current law as set out in the Limitation Act 1980 is fair and balanced, but reforms are being considered in relation to child sexual abuse claims. The Government will be publishing its consultation response to time limits for those cases shortly.
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