Abuse Claims — No Win No Fee
Survivors of physical, sexual, or emotional abuse can pursue civil compensation claims on a no win no fee basis. Courts regularly exercise their discretion to allow claims for historical abuse even outside the standard 3-year limitation period.
What Types of Abuse Claims Can Be Made on No Win No Fee?
Direct Answer: Abuse claims covering child sexual abuse, physical abuse, institutional abuse, and historical abuse can be brought on a no win no fee (CFA) basis. Courts can exercise discretion under Limitation Act s.33 to extend time limits. QOCS protects claimants from defendant costs.
- Child sexual abuse — abuse occurring in childhood, often historical
- Physical abuse — assault, corporal punishment, restraint
- Institutional abuse — abuse in care homes, schools, churches, youth organisations
- Local authority abuse — abuse while in local authority care
- Domestic abuse — physical, sexual, or emotional abuse by a partner or family member
What Is Vicarious Liability?
The Supreme Court's decision in Various Claimants v Catholic Child Welfare Society [2012] (the "Christian Brothers" case) established that institutions can be vicariously liable for abuse committed by those in a relationship "akin to employment" — including religious orders, volunteer organisations, and foster carers placed by local authorities. The key question is whether the relationship between the institution and the abuser was sufficiently close to justify imposing liability.
How Does Limitation Work in Abuse Claims?
The standard limitation period for personal injury claims is 3 years. For abuse claims, courts regularly exercise their discretion under s.33 of the Limitation Act 1980 to allow claims brought outside this period. The court considers factors including the length of and reasons for the delay, the effect of the delay on the evidence, the conduct of the defendant, and the extent to which the claimant acted promptly once they were able to do so.
CICA (Criminal Injuries Compensation Authority)
In addition to civil claims, victims of violent crime (including abuse) may be eligible for compensation through the Criminal Injuries Compensation Authority (CICA). CICA operates a tariff-based scheme and does not require a CFA — applications are free. However, CICA awards are typically lower than civil damages and have a 2-year application window (with exceptions).
Frequently Asked Questions
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.