Private Law Theory

Abstract:
This article will assess the role of the statute of limitations in Irish law and examine the extent to which it impedes an effective remedy for victims and survivors of historical abuse. It will first identify the problem of historical abuse in Ireland and argue that while several non-judicial remedies have been created, a need persists to remedy and acknowledge historical abuse through litigation. It will then assess the Statute of Limitations in Irish law, contrast this position with the law in other common law jurisdictions, and note that Irish law denies victims and survivors the potential for a remedy and judicial acknowledgment of such abuse. The article will conclude by examining whether the Irish limitation regime could be challenged as contrary to the European Convention on Human Rights.

€

James Gallen, Historical Abuse and the Statute of Limitations, Statute Law Review (2016) doi: 10.1093/slr/hmw045. First published online: November 20, 2016.

First posted 2016-11-22 07:43:51