Defending Institutional Sex Abuse Claims

Third parties in institutional liability proceedings arising from allegations of historical sexual abuse are becoming more common. We have found that defendants will often seek to sue a third party after settling cases with a plaintiff with a view that a third party should be required to meet any part of the claim brought against a defendant.

Our experience representing third parties in institutional liability proceedings have made us aware of the difficult reality of preparing and defending cases where the allegations concern events that are said to have occurred many years or even decades ago. Witnesses may no longer be available. Memories may have faded. Important records may be incomplete or may no longer exist.

These problems can make it difficult to work out what actually occurred and whether a particular defendant or third party had any real responsibility for the loss now being claimed. We carefully review the available evidence and the history of the matter. We then identify which allegations actually concern our client and which matters should properly remain the responsibility of another party.

We also understand that being joined to this type of proceeding can come as a significant shock. A person or organisation may have had no involvement with the original claim and may only become involved after receiving a third party notice. We provide clear advice about why the claim has been made and what needs to be done to protect the client’s position.

Our work includes responding to third party notices and reviewing pleadings and historical records. We advise on contribution and indemnity claims and deal with settlement negotiations and mediations. Where a matter cannot be resolved we prepare the case for trial with a clear focus on the issues that actually affect our client.

We also recognise that legal costs can become significant in institutional liability proceedings. This can be particularly important for individuals and smaller organisations who are funding their own defence. Our approach is practical and proportionate. We focus on the real issues in dispute and give realistic advice about settlement and trial so that clients can make informed decisions about how the case should be conducted.