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Medical evidence in historical abuse and discrimination claims.
Psychiatric injury, causation and prognosis, and the medical side of limitation, in non-recent abuse claims and in discrimination claims. Send the issues and your limitation position. We take legally aided cases, and the search is free, including claims previously considered out of time on limitation grounds.
What you get for an abuse claim.
Send the issues and the dates that matter for limitation.
Experts who can take the claim
You compare each expert’s CV, fee and availability. Reports usually take 1 to 2 weeks, or 2 to 3 days when urgent. Timescales are estimates and depend on expert availability, the appointment and receipt of the relevant records.
Flexible assessment arrangements
A named case manager arranges the appointment, in person or by video where the expert agrees it suits the question, and manages the instruction through to delivery of the report.
Legal aid and registration
Quotes come within the legal aid rates, and we check experts for registration and insurance.
Psychiatric injury, causation and apportionment.
Psychiatric harm often has more than one cause. The court or tribunal should try to identify a rational basis for apportioning the harm between the part caused by the wrong and the part that was not (BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188, para 71). Such harm may well be divisible; if there is no rational basis, it is truly indivisible (para 72).
To separate the harm caused by the abuse or the discriminatory treatment from harm with other causes, the expert needs your client’s history from before and after it. Once you have chosen an expert, send the records you hold.
Psychiatrist or psychologist
Diagnosis, causation, apportionment and prognosis of the psychiatric injury. See psychiatric expert evidence.
Physical injury
Orthopaedic or neurological evidence on injuries from physical abuse. See personal injury.
GP expert
What the childhood and adult records show. See GP expert witnesses.
Limitation changed on 29 June 2026.
In England and Wales, claims for child sexual abuse now have no time limit. Other abuse claims still turn on section 33.
Child sexual abuse (Limitation Act 1980, s11ZA)
- None of the Act’s time limits apply to an action for personal injuries where the claimant was under 18 and the act constituted sexual abuse
- It applies whether the cause of action arose before or after 29 June 2026, but not to a claim settled or decided by a court before that date (s11ZA(6) and (7))
- Where the claim is brought after the old time limit would have expired, the court must dismiss it if the defendant satisfies it that a fair hearing is not possible (s11ZB(1) and (2))
Other abuse claims (s33)
- Section 11ZA does not cover physical or emotional abuse in childhood, or abuse of adults
- The court can let a claim proceed if it would be equitable, weighing the prejudice to each side (s33(1))
- Medical evidence often goes to the reasons for delay and how cogent the evidence still is
Child sexual abuse claims previously considered out of time on limitation grounds can now be brought, unless they were settled or decided by a court before 29 June 2026, and subject to the fair hearing test. For each one you take on, send us the issues.
What section 33 asks of a medical expert.
Several of the factors the court weighs under section 33(3) turn on medical facts. Tell us which are in dispute, and we find an expert who can deal with them.
- The length of, and the reasons for, the delay (s33(3)(a))Whether the claimant’s psychiatric condition affected their ability to bring the claim sooner.
- How cogent the evidence still is (s33(3)(b))What the records show, and what can still be assessed after so long.
- Acting promptly once the claimant knew (s33(3)(e))When the claimant understood the connection between the abuse and their condition.
- Steps taken to get expert advice (s33(3)(f))Whether the claimant’s condition explains why they did not seek medical or legal advice sooner.
Across the UK.
We find experts for abuse claims in Scotland and Northern Ireland too. Scotland removed the time limit in 2017, and its rule covers more kinds of childhood abuse than the rule in England and Wales.
England and Wales
- No time limit for child sexual abuse from 29 June 2026 (s11ZA)
- Section 33 discretion for other claims
Scotland
- No time limit for personal injury where the pursuer was under 18 and the act was abuse, including sexual, physical and emotional abuse and neglect (Prescription and Limitation (Scotland) Act 1973, s17A, from 4 October 2017)
- It does not revive rights of action already extinguished by prescription, which arose before 26 September 1964 (Explanatory Notes to the Limitation (Childhood Abuse) (Scotland) Act 2017, paras 16 and 17)
- The action does not proceed if the defender shows a fair hearing is not possible, or substantial prejudice that outweighs the pursuer’s interest (s17D)
- The expert gives evidence as a skilled witness
Northern Ireland
- The court can override certain time limits where it would be equitable (Limitation (Northern Ireland) Order 1989, art 50)
- That discretion still applies to abuse claims
Where discrimination claims are heard.
A diagnosable psychiatric injury is a separate head of loss from injury to feelings, and needs medical evidence. Tell us where the claim is heard and your deadline. For work claims and the Vento bands, see employment law.
Questions about abuse and discrimination evidence.
For anything else about your case, call us.
Call 0121 752 6061Is there still a time limit for child sexual abuse claims?
Not in England and Wales, since 29 June 2026. None of the Limitation Act 1980 time limits apply where the claimant was under 18 and the act was sexual abuse (s11ZA). Where the claim is brought after the old time limit would have expired, the defendant can still ask the court to dismiss it if a fair hearing is not possible (s11ZB).
Does the change cover physical or emotional abuse?
No. In England and Wales those claims still depend on section 33. In Scotland, the time limit does not apply to childhood abuse of any of these kinds (s17A of the 1973 Act).
Can psychiatric harm be apportioned between causes?
Often, yes. The court or tribunal should look for a rational basis to apportion the harm (BAE Systems v Konczak, para 71). The expert sets out whether one exists.
Can the expert see a claimant who finds the assessment distressing?
Yes. Tell us in the enquiry what your client needs. The case manager passes it to the expert when arranging the appointment, and some assessments can take place by video where the expert agrees it suits the question.
Send the case. We find the experts.
- The type of caseFamily, personal injury, criminal, immigration, employment…
- The specialty, or the issuesIf you are not sure who you need, describe the medical questions
- The court or tribunalAnd any directions already made about expert evidence
- Your deadlineHearing, filing or limitation date
- How the case is fundedLegal aid, private, CFA or insurer
Send a case enquiry, obtain CVs and quotes in minutes
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You can also call us on 0121 752 6061.
Tell us your deadline.
We send you the CVs, fees and availability of experts who can meet it.