The High Court has handed down a judgment in what is believed to be the first decision regarding interpretation of the new limitation provisions for abuse claims introduced under the Crime and Policing Act 2026.

The case impacts a broad range of organisations, including local authority-run social services, educational institutions, religious organisations, charities and voluntary organisations including sports clubs, healthcare providers, and liability insurers and brokers. 

In KHX v Isle of Wight Council [2026] EWHC 1949 (KB), Ms Justice Obi found that the provisions relate only to the sexual abuse elements of a claim in which both sexual and physical abuse are alleged. 

This was contrary to the position of the claimant that the physical abuse allegations would also fall for consideration under the new regime.

Browne Jacobson acted for the successful defendant and instructed James Weston, of 7 Bedford Row. 

James Arrowsmith, Partner in social care at UK and Ireland law firm Browne Jacobson, said: “This is an important early decision in relation to a key development in claims arising from childhood abuse. Organisations exposed to these claims, and their insurers, have understood for some time that a change to the law for sexual abuse claims was coming, and have prepared for this. 

“The suggestion that claims pleaded alongside a sexual abuse allegation would also be affected appears to go beyond the policy decisions behind the new provisions of the Crime and Policing Act, and to disregard a longstanding view of the courts that limitation in relation to sexual abuse raises unique considerations when it comes to the ability of people to present claims, and therefore to limitation. 

“The claimant’s proposition also risked creating two-tier justice for some historical claims, whereby only those who also suffered sexual abuse would be considered under the new regime. 

“This is important to any organisation exposed to risks associated with historical abuse, neglect, bullying or safeguarding failures. The decision of the judge that other claims are not caught within Section 11ZA – which provides that time limits do not apply to actions for damages for negligence, nuisance or breach of duty when three specific conditions are met – merely because they forms part of proceedings in which sexual abuse is also alleged means the boundaries of the change are clearly delineated. 

“It had seemed clear throughout the debate on the Crime and Policing Bill that Parliament’s intention was to introduce a special test for limitation for sexual abuse allegations. Had it intended to encompass physical abuse – as was suggested here – or the whole of any claim that contained an allegation of sexual abuse, then this would have been reflected in the drafting. 

“It is important to remember that the discretion under Section 33 of the Limitation Act remains available to a judge in relation to other abuse allegations, leaving a broad discretion to allow other claims to proceed in appropriate circumstances.”

Browne Jacobson has published more details about the judgment.