Stage 1 Report on the Limitation (Childhood Abuse) (Scotland) Bill

PDF Published: Thursday 20 Apr 2017

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Report
- Executive Summary
- Introduction
  - Overview of the Bill
  - The current law on limitation
    
    Policy behind the limitation of actions
    
    The relationship between the Bill and the law of prescription
  - Human rights considerations
  - Broader policy context
  - Scottish Government consultation preceding the Bill
  - Committee scrutiny
- Removal of the three year limitation period for childhood abuse cases
  - Scottish Government's policy justification
  - Evidence received
    
    Arguments in support of the removal of the limitation period
    
    Impact on survivors
    
    Concerns expressed about the removal of the limitation period
    
    Cases where the abuse occurred before 1964
  - Alternatives to the removal of the three year limitation period
    
    Guidance on the exercise of the section 19A discretion
    
    Financial redress
  - Conclusions on the removal of the limitation period
- Key definitions in the Bill
  - Definition of child
  - Definition of abuse
    
    Setting in which the abuse took place
    
    Non-exhaustive definition of abuse
    
    Categories of abuse
    
    Emotional abuse
    
    Additional categories of abuse that could be included in the Bill
    
    Neglect
    
    "Spiritual abuse"
    
    Psychological abuse
    
    Conclusions on the categories of abuse
- Retrospective application of the Bill
  - Existing rights of action
  - Previously raised cases
    
    Decree of absolvitor
    
    Settled cases
- Safeguards for defenders
  - The fair hearing test
  - The substantial prejudice test
  - Conclusions on the safeguards for defenders
- Financial and resource implications of the Bill
  - Number of actions brought as a result of the Bill
  - Costs to potential defenders
    
    Local authorities
    
    Other organisations and individuals
  - Impact of the Bill on the court system
  - Implementation
- General principles
- Annex A - Extracts from the minutes
- Annex B - Written evidence
- Annex C - Informal testimonies
Sources

Policy Memorandum, paragraph 24. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Policy Memorandum paragraphs 109-111. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Scottish Government. (2017, February 9). Letter from Minister for Community Safety and Legal Affairs to Deputy Convener. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/General%20Documents/20170209MfCSLAtoRM.pdf

Policy Memorandum, paragraphs 15-23. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Policy Memorandum, paragraph 71.. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Delegated Powers and Law Reform Committee. (2017, January 18). 3rd Report, 2017 (Session 5): Limitation (Childhood Abuse) (Scotland) Bill at Stage 1. Retrieved from http://www.scottish.parliament.uk/parliamentarybusiness/CurrentCommittees/103073.aspx

Policy Memorandum, paragraphs 25-39. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Scottish Government. (2016, March). Response to the Consultation on the Removal of the 3 Year Limitation Period from Civil Actions for Damages for Personal Injury for In Care Survivors of Historical Child Abuse, page 4. Retrieved from http://www.gov.scot/Resource/0049/00496566.pdf

Scottish Parliament Justice Committee. (2017, March 14). Official Report 14 March 2017, col. 7. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10839

Policy Memorandum, paragraph 35. (2016, November).

Policy Memorandum, paragraph 10. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Victim Support Scotland. (2017, January). Written Submission, page 1.. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_VSS.pdf

Law Society of Scotland. (2017, January). Written Submission, page 2. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Law_Society_of_Scotland.pdf

Police Scotland. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Police_Scotland.pdf

Rape Crisis Scotland. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Rape_Crisis_Scotland.pdf

Social Work Scotland. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Social_Work_Scotland.pdf

Former Boys and Girls Abused in Quarriers Homes. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FGBAinQuarriersHomes.pdf

Scottish Parliament Justice Committee. (2017, February 28). Official Report 28 March 2017, col. 9. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Justice Committee 21 February 2017 [Draft], Graeme Garrett, contrib. 119, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977318

Scottish Parliament Justice Committee. (2017, February 21). Official Report 21 February 2017, col. 1. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806

Scottish Parliament Justice Committee. (2017, February 21). Official Report 21 February 2017, col. 2. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806

Scottish Parliament Justice Committee. (2017, February 21). Official Report 21 February 2017, col. 4. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806

Scottish Parliament Justice Committee. (2017, February 28). Official Report 28 February 2017, col. 7. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Forum of Insurance Lawyers. (2017, January). Written Submission, page 2. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Faculty of Advocates. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_FoA.pdf

Scottish Parliament Justice Committee. (2017, February 28). Official Report 28 February 2017, col 26. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Scottish Human Rights Commission. (2017, January). Written Submission, page 5. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/SHRC.pdf

Scottish Parliament Justice Committee. (2017, February 21). Official Report 21 February 2017, col 2. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806

Scottish Parliament Justice Committee. (2017, February 28). Official Report 28 February 2017, col 23. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Association of British Insurers. (2017, January). Written Submission, page 2. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/ABI.pdf

Scottish Parliament Justice Committee. (2017, February 21). Official Report 21 February 2017, col. 6. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806

Scottish Parliament Justice Committee. (2017, February 28). Official Report 28 February 2017, col.7. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Justice Committee 21 February 2017 [Draft], Harry Aitken, contrib. 18, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977217

Justice Committee 28 February 2017 [Draft], Detective Chief Superintendent Lesley Boal QPM (Police Scotland), contrib. 130, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1979079

Justice Committee. (2017, February 28). Official Report 28 February 2017, col. 25. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Justice Committee 28 February 2017 [Draft], Bruce Adamson, contrib. 106, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1979055

Scottish Parliament Justice Committee. (2017, February 28). Official Report 28 February 2017, col. 25. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Justice Committee. (2017, March 14). Official Report 14 March 2017, col. 26. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10839

Forum of Scottish Claims Managers. (2017, January). Written Submission, page 3. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FSCM.pdf

Zurich Insurance plc. (2017, January). Written Submission, pages 2, 8. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Zurich_Insurance.pdf

Forum of Insurance Lawyers. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Justice Committee. (2017, February 28). Official Report 28 February 2017, col.5. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 6.

Glasgow Bar Association. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_GBA.pdf

Association of British Insurers. (2017, January). Written Submission, page 7. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/ABI.pdf

Association of British Insurers. (2017, January). Written Submission, page 6. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/ABI.pdf

Zurich Insurance plc. (2017, January). Written Submission, page 4. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Zurich_Insurance.pdf

Policy Memorandum. (2016, November). Policy Memorandum, paragraph 39. Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Justice Committee 21 February 2017 [Draft], Harry Aitken, contrib. 42, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977241

Justice Committee 28 February 2017 [Draft], Kim Leslie, contrib. 25, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1978974

Graeme Watson, Forum of Insurance Lawyers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 31.

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col 9..

Scottish Government. (2013, December). Response to the consultation on Civil Law of Damages: Issues in Personal Injury. Retrieved from http://www.gov.scot/Resource/0044/00440957.pdf

Policy Memorandum, paragraph 95. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Justice Committee. (2017, February 28). Official Report 28 February 2017, col. 11. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Justice Committee. (2017, February 28). Official Report 28 February 2017, col. 14. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Justice Committee. (2017, February 28). Official Report 28 Feburary 2017, col. 14. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819

Justice Committee. (2017, February 21). Official Report 21 Feburary 2017, cols. 12-13. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806

Policy Memorandum, paragraphs 51-64. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Zurich Insurance plc. (2017, January). Written Submission, page 3. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Zurich_Insurance.pdf

Alistair Ross, Association of British Insurers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 34.

Graeme Watson. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 34.

Alistair Ross, Association of British Insurers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 35.

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 8.

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, cols. 18-19.

Kim Leslie, Law Society of Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 8.

Bruce Adamson, Scottish Human Rights Commission. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 8.

Justice Committee 28 February 2017 [Draft], Bruce Adamson, contrib. 22, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1978971

Bruce Adamson, Scottish Human Rights Commission. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 10.

Justice Committee 28 February 2017 [Draft], Laura Dunlop, contrib. 23, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1978972

Sandy Brindley, Rape Crisis Scotland. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 11.

COSLA. (2017, February). Written Submission, paragraphs 19-20. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/COSLA.pdf

Alistair Gaw, Social Work Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, cols. 31-32.

Vladimir Valiente, SOLAR. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 33.

Justice Committee 28 February 2017 [Draft], Alistair Gaw, contrib. 134, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1979083

COSLA. (2017, February). Written Submission, paragraphs 21-22. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/COSLA.pdf

Alistair Gaw, Social Work Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 32.

Former Boys and Girls Abused in Quarriers Homes. (2017, March 3). Supplementary Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FGBAinQuarriersHomes_-_supplementary.pdf

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, col. 8.

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, col. 10.

Forum of Scottish Claims Managers. (2017, January). Written Submission, page 5. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOILsupplementary.pdf

Scottish Human Rights Commission. (2017, January). Written Submission, pages 8-9. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/SHRC.pdf

Forum of Insurance Lawyers. (2017, January). Written Submission, page 5. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Scottish Government. (2015, June). Consultation on the removal of the three year limitation period from civil actions for damages for personal injury for in care survivors of historical child abuse, page 20. Retrieved from http://www.gov.scot/Resource/0048/00480479.pdf

Scottish Goverment. (2016, March). Response to the consultation on the removal of the three year limitation period for damages for personal injury for in care survivors of historical child abuse, page 12. Retrieved from http://www.gov.scot/Publications/2016/03/7578/downloads

Forum of Insurance Lawyers. (2017, January). Written Submission, page 4. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Forum of Scottish Claims Managers. (2017, January). Written Submission, page 4. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FSCM.pdf

Forum of Scottish Claims Managers. (2017, January). Written Submission, page 5. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FSCM.pdf

Victim Support Scotland. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_VSS.pdf

Association of British Insurers. (2017, January). Written Submission, page 5. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/ABI.pdf

Forum of Insurance Laywers. (2017, January). Written Submission, page 5. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Sandy Brindley, Rape Crisis Scotland. (2017, February 21). Justice Committee, Official Report 21 February 2017, col 16.

Kim Leslie, Law Society of Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 16.

Justice Committee 14 March 2017 [Draft], Annabelle Ewing, contrib. 102, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10839&c=1982704

Scottish Human Rights Commission. (2017, January). Written Submission, page 9. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/SHRC.pdf

Faculty of Advocates. (2017, January). Written Submission, page 2. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_FoA.pdf

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 15. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Justice Committee 21 February 2017, Graeme Watson, contrib. 182, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977381

Social Work Scotland. (2017, January). Written Submission, page 2. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Social_Work_Scotland.pdf

Policy Memorandum, paragraph 81. (2016, November). Retrieved from http://www.scottish.parliament.uk/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Policy Memorandum, paragraph 79. (2016, November). Retrieved from http://www.scottish.parliament.uk/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, col. 27. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10839&mode=pdf

Scottish Government. (2015, June). Consultation on the removal of the three year limitation period from civil actions for damages for personal injury for in care survivors of historical child abuse, page 19. Retrieved from http://www.gov.scot/Resource/0048/00480479.pdf

Scottish Government. (2016, March). Response to the consultation on the removal of the three year limitation period from civil actions for damages for personal injury for in care survivors of historic child abuse, page 11. Retrieved from http://www.gov.scot/Resource/0049/00496566.pdf

Policy Memorandum, paragraph 82. (2016, November). Retrieved from http://www.scottish.parliament.uk/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017 col. 17. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Bruce Adamson, Scottish Human Rights Commission. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 16. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Bruce Adamson. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 17. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Bruce Adamson, Scottish Human Rights Commission. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 18. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Bruce Adamson. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 16. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Justice Committee 28 February 2017 [Draft], Bruce Adamson, contrib. 61, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1979010

Police Scotland. (2017, January). Written Submission, page 3. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Police_Scotland.pdf

Detective Chief Superintendent Lesley Boal QPM, Police Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 46. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Kim Leslie, Law Society of Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 16. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Justice Committee 28 February 2017 [Draft], Lauren Bruce, contrib. 192, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1979141

Scottish Government. (2017, March 2). New law to protect children. Retrieved from https://news.gov.scot/news/new-law-to-protect-children

Justice Committee 21 February 2017, Harry Aitken, contrib. 70, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977269

Justice Committee 21 February 2017, Harry Aitken, contrib. 84, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977283

David Whelan, Former Boys and Girls Abused in Quarriers Homes. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 16. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Kim Leslie, Law Society of Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 15. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Bruce Adamson. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 18. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Alistair Gaw, Social Work Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 47. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 18. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Kim Leslie, Law Society of Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col.18. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 17. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Lister v Hesley Hall [2001] UKHL 22. (n.d.)

Forum of Insurance Lawyers. (2017, January). Written Submission, page 7. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Justice Committee, Official Report 28 February 2017, col. 22. (2017, February 28). Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Justice Committee 28 February 2017 [Draft], Bruce Adamson, contrib. 101, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1979050

Bruce Adamson, Scottish Human Rights Commission. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 23. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Policy Memorandum, paragraph 42. (2016, November). Retrieved from http://www.scottish.parliament.uk/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Forum of Insurance Lawyers. (2017, January). Written Submission, pages 5-6. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Policy Memorandum, paragraph 45. (2016, November). Retrieved from http://www.scottish.parliament.uk/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Victim Support Scotland. (2017, January). Written Submission, page 2. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_VSS.pdf

Scottish Human Rights Commission. (2017, January). Written Submission, page 11. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/SHRC.pdf

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, cols. 11, 13-16.

Annabelle Ewing. (2017, March 14). Justice Committee, Official Report 14 March 2017, col. 32.

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 21. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Graeme Watson, Forum of Insurance Lawyers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 45. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Forum of Insurance Lawyers. (2017, January). Written Submission, page 6. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Justice Committee 21 February 2017 [Draft], Graeme Watson, contrib. 193, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977392

Scottish Government. (2015, June). Consultation on the removal of the three year limitation period from civil actions for damages for personal injury for in care survivors of historic child abuse, page 17. Retrieved from http://www.gov.scot/Resource/0048/00480345.pdf

Scottish Government. (2017, February). Analysis of responses to the consultation on the removal of the three year limitation period from civil actions for damages for personal injury for in care survivors of historic child abuse, pages 12, 14. Retrieved from https://consult.scotland.gov.uk/civil-law-reform-unit/removal_of_the_3_year_limitation_period/results/00496538.pdf

Faculty of Advocates. (2015, September). Response to the Scottish Government consultation on the removal of the three year limitation period from actions for damages for personal injury for in care survivors of historical child abuse, page 8. Retrieved from http://www.advocates.org.uk/media/1867/3-year-3.pdf

Former Boys and Girls Abused in Quarriers Homes. (2017, March 6). Supplementary Written Submission. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FGBAinQuarriersHomes_supplementary2.pdf

Graeme Watson, Forum of Insurance Laywers. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 44. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Alistair Ross, Association of British Insurers. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 45. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Forum of Insurance Lawyers. (2017, March 3). Supplementary Written Submission. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOILsupplementary.pdf

Justice Committee 14 March 2017 [Draft], Elinor Owe, contrib. 60, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10839&c=1982662

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, cols. 14-15. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10839&mode=pdf

Association of Personal Injury Lawyers. (2017, January). Written Submission. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_APIL.pdf

Justice Committee 21 February 2017 [Draft], Graeme Garrett, contrib. 95, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977294

Association of Personal Injury Lawyers. (2017, January). Written Submission, page 3. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_APIL.pdf

Graeme Garrett, Association of Personal Injury Lawyers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 20. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Kim Leslie, Law Society of Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, cols. 20-21. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Police Scotland. (2017, March 7). Supplementary Written Submission. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Police_Scotland.pdf

Graeme Watson, Forum of Insurance Lawyers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 47. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, col. 13. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10839&mode=pdf

Explanatory Notes, paragraph 16. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01ENS052016.pdf

Kim Leslie, Law Society of Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 20. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, col. 28. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10839&mode=pdf

Scottish Government. (2016, March). Response to the consultation on the removal of the three year limitation period from civil actions for damages for personal injury for in care survivors of historic child abuse, pages 7-8. Retrieved from http://www.gov.scot/Resource/0049/00496566.pdf

Policy Memorandum, paragraphs 86, 88. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Victim Support Scotland. (2017, January). Written Submission, page 3. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_VSS.pdf

Glasgow Bar Association. (2017, January). Written Submission, page 2. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_GBA.pdf

Law Society of Scotland. (2017, January). Written Submission, page 3. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Law_Society_of_Scotland.pdf

Bruce Adamson, Scottish Human Rights Commission. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 11. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Graeme Garrett, Association of Personal Injury Lawyers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 24. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Justice Committee 21 February 2017 [Draft], Sandy Brindley, contrib. 122, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977321

Graeme Watson, Forum of Insurance Lawyers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 27. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Justice Committee 28 February 2017 [Draft], Kim Leslie, contrib. 37, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1978986

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 12. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Justice Committee 28 February 2017 [Draft], Laura Dunlop, contrib. 44, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1978993

Justice Committee 14 March 2017 [Draft], Annabelle Ewing, contrib. 116, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10839&c=1982718

Graeme Watson, Forum of Insurance Lawyers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 32. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Forum of Scottish Claims Managers. (2017, January). Written Submission, page 6. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FSCM.pdf

Former Boys and Girls Abused in Quarriers Homes. (2017, January). Written Submission, page 3. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FGBAinQuarriersHomes.pdf

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, col. 32. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10839&mode=pdf

Justice Committee 14 March 2017 [Draft], Elinor Owe, contrib. 124, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10839&c=1982726

Policy Memorandum, paragraph 48. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01PMS052016.pdf

Justice Committee 28 February 2017 [Draft], Bruce Adamson, contrib. 43, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1978992

Bruce Adamson, Scottish Human Rights Commission. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 12. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 13. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Justice Committee 14 March 2017 [Draft], Annabelle Ewing, contrib. 118, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10839&c=1982720

Financial Memorandum, paragraph 20. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01FMS052016.pdf

Alastair Ross, Association of British Insurers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col 41. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Association of British Insurers. (2017, January). Written Submission to the Finance and Constitution Committee, page 2. Retrieved from http://www.parliament.scot/S5_Finance/General%20Documents/Limitation_(Childhood_abuse).pdf

Association of British Insurers. (2017, January). Written Submission, page 4. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/ABI.pdf

Police Scotland. (2017, January). Written Submission, page 2. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/Police_Scotland.pdf

Detective Superintendent Lesley Boal QPM, Police Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 36. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Harry Aitken, Former Boys and Girls Abused in Quarriers Homes. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 3. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Financial Memorandum, paragraph 19. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01FMS052016.pdf

COSLA. (2017, January). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/COSLA.pdf

Kim Leslie. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 24. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Justice Committee 14 March 2017 [Draft], Annabelle Ewing, contrib. 90, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10839&c=1982692

Financial Memorandum, paragraph 29. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01FMS052016.pdf

Financial Memorandum, paragraphs 30-35. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01FMS052016.pdf

COSLA. (2017, February). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/COSLA.pdf

COSLA. (2017, February). Written Submission, paragraphs 6-7. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/COSLA.pdf

COSLA. (2017, February). Written Submission, paragraphs 8-11. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/COSLA.pdf

COSLA. (2017, February). Written Submission, page 3. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/COSLA.pdf

Vladimir Valiente, SOLAR. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 39. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

COSLA. (2017, January). Written Submission to the Finance and Constitution Committee, paragraphs 12-17. Retrieved from http://www.scottish.parliament.uk/S5_Finance/General%20Documents/Limitation_(Childhood_abuse).pdf

Justice Committee 28 February 2017 [Draft], Vladimir Valiente, contrib. 169, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1979118

Financial Memorandum, paragraph 37. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01FMS052016.pdf

COSLA. (2017, January). Written Evidence to the Finance and Constitution Committee, paragraph 19. Retrieved from http://www.scottish.parliament.uk/S5_Finance/General%20Documents/Limitation_(Childhood_abuse).pdf

Justice Committee 28 February 2017 [Draft], Lauren Bruce, contrib. 165, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10819&c=1979114

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, col.25. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10839&mode=pdf

Financial Memorandum, paragraph 48. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01FMS052016.pdf

Financial Memorandum, paragraph 45. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01FMS052016.pdf

Alistair Gaw, Social Work Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, cols. 38-39. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Detective Chief Superintendent Lesley Boal QPM, Police Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 40. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Association of British Insurers. (2017, January). Written Submission, page 3. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/ABI.pdf

Alistair Gaw, Social Work Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 31. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Alastair Ross, Association of British Insurers. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 29. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Financial Memorandum, page 12. (2016, November). Retrieved from http://www.parliament.scot/Limitation%20Scotland%20Bill/SPBill01FMS052016.pdf

Forum of Insurance Lawyers. (2017, January). Written Submission, page 3. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/FOIL.pdf

Faculty of Advocates. (2016, November). Written Submission, page 1. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/LB_FoA.pdf

David Whelan, Former Boys and Girls Abused in Quarriers Homes. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 6. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Harry Aitken, Former Boys and Girls Abused in Quarriers Homes. (2017, February 21). Justice Committee, Official Report 21 February 2017, col. 8. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10806&mode=pdf

Justice Committee 21 February 2017 [Draft], Sandy Brindley, contrib. 24, http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=10806&c=1977223

Kim Leslie, Law Society of Scotland. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 24. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, col. 24. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10839&mode=pdf

COSLA. (2017, February). Written Submission, paragraphs 23-24. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/COSLA.pdf

Laura Dunlop QC, Faculty of Advocates. (2017, February 28). Justice Committee, Official Report 28 February 2017, cols. 27-28. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Bruce Adamson, Scottish Human Rights Commission. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 28. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Kim Leslie, Law Society. (2017, February 28). Justice Committee, Official Report 28 February 2017, col. 27. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10819&mode=pdf

Annabelle Ewing, Minister for Community Safety and Legal Affairs. (2017, March 14). Justice Committee, Official Report 14 March 2017, col. 29. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10839&mode=pdf

Association of British Insurers. (2017, January). Written Submission, page 8. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/ABI.pdf

Association of British Insurers. (2017, March). Supplementary Written Submission, pages 2-4. Retrieved from http://www.scottish.parliament.uk/S5_JusticeCommittee/Inquiries/ABI_supplementary.pdf

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