Section 11ZA — Limitation Act 1980: Actions in respect of personal injuries attributable to child sexual abuse

Actions in respect of personal injuries attributable to child sexual abuse 11ZA 1 None of the time limits given in the preceding provisions of this Act apply to an action to which this section applies.

2 This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) which meets conditions 1 to 3.

3 Condition 1 is that the damages claimed by the claimant consist of or include damages in respect of personal injuries to the claimant.

4 Condition 2 is that the claimant was under 18 on the date on which the cause of action accrued.

5 Condition 3 is that the act or omission to which the claimant’s personal injuries were attributable constituted sexual abuse.

6 This section applies in relation to actions brought, and causes of action accrued, before (as well as after) this section comes into force.

7 But it does not apply in relation to a claim which, before this section comes into force, was settled by agreement between the parties or determined by a court (whether or not the determination is subject to appeal).

8 This section does not apply to any action brought for damages under section 3 of the Protection from Harassment Act 1997.

9 This section does not apply to a cause of action surviving for the benefit of a person’s estate by virtue of section 1 of the Law Reform (Miscellaneous Provisions) Act 1934 , except where an action was brought by the person before the person’s death.