ABUSE CLAIMS

Abuse at Home
(Same Roof Rule)

If you suffered abuse at the hands of somebody you lived with – and that abuse happened between 1964 and October 1 1979 – you are still currently able to apply for compensation through the Criminal Injuries Compensation Authority (CICA).

This route to compensation became available following a change in law in 2018 when the Government scrapped the controversial pre-1979 ‘same roof rule’.

That rule had previously unfairly denied people who suffered abuse at the hands of someone they lived with before October 1 1979 any route to compensation, although people suffering the same kind of abuse after that date were able to seek damages.

The 'Same Roof Rule'

In some cases, due to this rule, siblings who were abused by the same parent received different compensation outcomes because the incidents took place before and after the 1979 cut-off date.

Recognising this injustice, the Government scrapped the rule in July 2018, as The Court of Appeal declared it to be incompatible with human rights laws.

The CICA did however set a deadline for people to make one of these historic abuse claims, with the cut-off date now fast approaching on June 12, 2021.

After this date, such applications can still be submitted to the CICA however the applicant will need to show that there were exceptional circumstances that prevented them from bringing their claim within the two year period provided.

Such exceptional circumstances include the applicant suffering from a disabling mental injury, provided this can be supported with medical evidence. Unfortunately however, the CICA will not accept lack of knowledge of the ability to claim as an exceptional circumstance. 

How much will my claim cost?

All abuse cases taken on by us are handled on a no win no fee basis. This means that you will not have to pay any money up front and there will be no financial risk if your case is unsuccessful.

If your case is successful, you will only be expected to pay a contribution to your solicitor’s fees once the case has been resolved. The costs paid are usually a percentage of the compensation awarded and will be agreed before your case is carried out.