News In Focus
26 February 2008
Ruling lifts time bar on abuse case
A Court of Session ruling will allow a 43-year-old man to sue Glasgow City Council over allegations of sexual abuse he claims took place in a council-run children's home.
The alleged abuse took place in the 1970s and the council claimed the action was time barred, but Lord McEwan allowed proof on the basis that the pursuer, referred to as JL, was suing in respect of psychological effects which only emerged in 2001.
Lawyers for the council deny the allegations, which allegedly took place at the Eversley children's home in Pollokshields, which has since closed. JL said he had blocked out memories of the abuse and is claiming £25,000 for post-traumatic stress disorder after hearing about abuse that took place at the home.
The pursuer states that he was threatened against reporting the abuse, and when he did so he was physically punished by two named members of staff, but Lord McEwan said he was not claiming in respect of the assaults, and the alleged psychological harm was a distinct injury for which a claim was not time barred.
The judge said he was bound by the decision in Carnegie, a case of alleged psychological harm to a member of the armed forces, which is currently under appeal to the House of Lords. He had reached his decision prior to the recent English House of Lords case which allowed a case to proceed under discretionary provisions.
Several carers at the Eversley home were investigated for child abuse, including John Marshall who was imprisoned for life in 2001 for sexually abusing 16 children. JL does not claim to be a victim of Marshall.
His lawyer, Ross Harper litigator Cameron Fyfe, said the Court of Session ruling was important because it was the first time it had been successfully argued that the time bar should not apply in historic abuse cases.
Glasgow City Council intends to appeal the decision, which can be read at http://www.scotcourts.gov.uk/opinions/2008CSOH27.html .