The Ministry of Justice has announced that following the recommendation of IICSA and the subsequent consultations regarding the removal of limitation in child sexual abuse claims and encouraging apologies, legislation will be introduced to achieve these two aims.
With regard to the removal of limitation it is intended that the burden of proving that a fair trial is not possible will shift to the defendants. As recommended by IICSA, removal of the three-year limitation period will apply to all civil child sexual abuse claims brought by victims and survivors (though not to claims brought on behalf of victims and survivors' estates) except where claims have been dismissed by a court or settled by agreement
For apologies current law will be amended to encourage employers to apologise to people wronged by their employees, where currently they fear doing so because of institutional liability. The apologies legislation would not apply to all types of civil litigation or regulatory disputes, including public inquiries or defamation cases. It will also not be retrospective.
The changes for both reforms require primary legislation and will be implemented in due course with no specific timetable for the same stated.