The Limitation (Childhood Abuse) (Scotland) Act 2017 overhauled
the limitation regime in Scotland for cases of child abuse.
Ironically, the first significant consideration of how the new
Scottish provisions should be interpreted has happened in an
English case – JXJ v De La Salle Brothers. However, it
remains to be seen whether the Scottish courts will agree.
Facts
The Claimant was a pupil at an approved residential school
between the ages of 10 and 12. He was repeatedly and violently
sexually assaulted by McKinstry, a lay member of staff who worked
as a gardener and night watchman. McKinstry was convicted of those
assaults, and of assaults against other boys at the school, in
2003.
