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23 February 2026
Issue: 8151 / Categories: Legal News , Abuse , Criminal , Personal injury , Limitation , Human rights
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APIL sees off ‘substantial prejudice’ defence

Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped

Clause 87 of the Crime and Policing Bill removed the current three-year limitation period for claims brought by victims and survivors, implementing a recommendation of the Independent Inquiry into Child Sexual Abuse (IICSA). The clause did this by creating a new s 11ZB in the Limitation Act 1980, under which an action could be dismissed if the defendant could satisfy the court that allowing it to continue would cause them ‘substantial prejudice’.

However, the Association of Personal Injury Lawyers (APIL) warned this would give defendants in some child sexual abuse civil cases an extra legal route to force proceedings to be dropped. APIL argued the proposed defence was unnecessary and would cause delays and additional trauma to victims. The defence was not part of the IICSA recommendations.

The government informed peers this week it is dropping the ‘substantial prejudice’ defence from the clause. The Bill returns to the House of Lords for scrutiny next week.

Kim Harrison, immediate past president of APIL, said: ‘We are relieved the government has listened to survivors of abuse and campaign organisations like APIL and decided not to go ahead with this totally unwarranted extra protection for defendants.

‘Victims of abuse have lived through unimaginable horrors and it takes a lot for survivors to speak out. They should not be forced to endure needless anguish when they turn to the courts for help.

‘We lobbied peers explaining that there is already sufficient protection for defendants as courts can dismiss a case if it is not possible for them to receive a fair trial, as is their right under Art 6 of the European Convention on Human Rights. It would have been completely unjust for survivors of abuse had this extra defence been included in the legislation. It would have led to needless delays and the collapse of some cases.’

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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