We take what is an extremely complex and stressful situation and make the legal process as simple as possible.

The Scottish Child Abuse Inquiry has opened the country’s eyes to the disturbing treatment that many people suffered as children, while under the care of religious orders, local authorities, charity bodies, football clubs, foster homes and even family members. The stigma attached to abuse has waned in recent years and more people are coming forward to tell their stories. What is plain is that the abuse suffered haunts the victims throughout their lives.

Having worked closely with survivors of abuse for over 25 years, our team understands how difficult it is to come forward and speak about your experiences, and we can guide you through the process of making a legal claim, CICA or Redress application.

Everything is made clear and accessible with your needs at the forefront, and whether it is historic or recent abuse, we have an excellent record of obtaining compensation for our clients. We also ensure safeguarding of sensitive and confidential information and our solicitors act with the utmost integrity at all times.

Acting as one of the core participants in the Child Abuse Inquiry, and with strong working relationships with Counsel, medical experts, and vocational experts in personal injury law, we frequently progress the most complex, high value abuse claims.

Our team are highly-respected and Darren Deery is part of a committee seeking to develop a protocol to ensure the most efficient progress/settlement of abuse cases. We know that compensation won’t solve everything but, as solicitors with a passion for doing the right thing, we work hard to get you a fair result.

Frequently Asked Questions

The Limitation (Childhood Abuse) (Scotland) Act 2017 removed the 3-year “time bar” rule for abuse claims and now survivors are able to claim compensation for physical, sexual and emotional abuse, provided that it took place after September 1964. 

Claims can be pursued against individuals (provided that they have the financial means and assets to pay compensation) or, under certain circumstances, against an organisation whose relationship with the abuser is “akin to employment”. 

Anyone who previously raised an action for damages and failed is now permitted to seek compensation again. However, if a claim relating to the same abuse was settled prior to the change in the law, it is not possible to pursue another claim. 

Where the abuser is now deceased, the claim can possibly be raised against the deceased’s estate, so long as it has not yet been divided and distributed. 

The first step is to arrange an appointment to speak with one of our team members so that they can take some details about your claim and provide some initial advice. We are happy to obtain these details through whatever format you find most comfortable, whether that be by email, over the telephone or in a meeting. 

If we feel able to assist you with your claim, we will look to obtain the necessary evidence which is likely to involve medical evidence, historic records (such as from schools, social work or the police) police statements and witness statements. 

Depending on the circumstances and the evidence available, sometimes the prospects of success in a civil claim are limited. A common scenario is that a survivor of abuse is unable to pursue a claim against their abuser as an individual because he/she does not have the financial means to pay compensation. In such a situation, you may be able to make a claim via the  Criminal Injuries Compensation Authority. Our solicitors are experienced in pursing such claims and will able to advise and assist you, should you wish to consider this option. 

In addition, certain survivors of abuse also have the option of applying for a payment under the Scottish Government Redress Scheme. This is open to survivors of historical child abuse who have suffered abuse whilst in a relevant care setting i.e. not in the family home. There are two options available under the Scheme: a Fixed Rate Payment of £10,000 or an Individually Assessed Payment of up to £100,000. The two options have different evidential requirements and our team can assist you in locating evidence, drafting the application, and advising on any offers that are made. Importantly, when accepting any offer made under the Scheme, you require to sign a waiver which will prevent you from bringing a civil claim against any of the contributors to the Scheme. It is, therefore, important that you obtain legal advice from an independent legal professional on all the options available to you before accepting any offer made by the Scheme. 

We have several means of funding your claim, including applications to the Scottish Legal Aid Board (subject to eligibility) and on a No Win-No Fee basis. Redress claims are funded by the Scottish Government.  We would be happy to discuss the options available to you in more detail when you contact us. 

We assist survivors from all over the country and so if you think that you have a potential claim for physical, sexual and emotional abuse, please feel free to contact our solicitors Darren Deery or Gillian Lolic for initial advice. Alternatively, you can fill in ouronline enquiry form and one of our team members will respond as soon as possible. 

Abuse Claims Experts

Darren Deery

Partner

Gillian Lolic

Associate

Get in touch

Arrange an appointment to speak with one of our team so that they can take some details about your claim and provide some initial advice. If we feel able to assist you with your claim, we will look to obtain the necessary evidence which is likely to involve medical evidence, historic records (such as from schools, social work or the police) police statements and witness statements.

Abuse Claims News

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