Weightmans – Historic child abuse – The fair hearing exclusion

• FOIL
• FOIL Ireland
• FOIL select
• London FOIL

Author - Pamela Stevenson

The special arrangements put in place, in respect of extending the time to bring claims by alleged survivors of historical child abuse, have recently had their first judicial test before the Sheriff Court. This decision can, cautiously, be taken as an indicator as to how the Courts will approach “fair hearing” arguments in cases of this nature. However, it is clear that a more substantial judicial treatment of the issue will be needed in the future.