Abuse Claims — No Win No Fee
Survivors of physical, sexual, or emotional abuse can pursue civil compensation claims on a no win no fee basis. Courts regularly exercise their discretion to allow claims for historical abuse even outside the standard 3-year limitation period.
What Types of Abuse Claims Can Be Made on No Win No Fee?
Direct Answer: Abuse claims covering child sexual abuse, physical abuse, institutional abuse, and historical abuse can be brought on a no win no fee (CFA) basis. Courts can exercise discretion under Limitation Act s.33 to extend time limits. QOCS protects claimants from defendant costs.
- Child sexual abuse — abuse occurring in childhood, often historical
- Physical abuse — assault, corporal punishment, restraint
- Institutional abuse — abuse in care homes, schools, churches, youth organisations
- Local authority abuse — abuse while in local authority care
- Domestic abuse — physical, sexual, or emotional abuse by a partner or family member
Vicarious Liability
The Supreme Court's decision in Various Claimants v Catholic Child Welfare Society [2012] (the "Christian Brothers" case) established that institutions can be vicariously liable for abuse committed by those in a relationship "akin to employment" — including religious orders, volunteer organisations, and foster carers placed by local authorities. The key question is whether the relationship between the institution and the abuser was sufficiently close to justify imposing liability.
Limitation and s.33 Discretion
The standard limitation period for personal injury claims is 3 years. For abuse claims, courts regularly exercise their discretion under s.33 of the Limitation Act 1980 to allow claims brought outside this period. The court considers factors including the length of and reasons for the delay, the effect of the delay on the evidence, the conduct of the defendant, and the extent to which the claimant acted promptly once they were able to do so.
CICA (Criminal Injuries Compensation Authority)
In addition to civil claims, victims of violent crime (including abuse) may be eligible for compensation through the Criminal Injuries Compensation Authority (CICA). CICA operates a tariff-based scheme and does not require a CFA — applications are free. However, CICA awards are typically lower than civil damages and have a 2-year application window (with exceptions).