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19.10.2012
Child Abuse Lawyer Liz Dux on the legal issues at stake in the Savile case
There are likely to be three types of victim who may have allegedly been abused by Jimmy Savile. Firstly those who were abused by him whilst he was working on radio or television shows at the BBC, secondly those who were visited and abused by him whilst in hospital or care homes and thirdly those who don’t fall into either category one or two but came into contact with him as a result of his celebrity status. In respect of all three types of alleged victim the first hurdle will be limitation as all alleged victims are now over the age of 21. That means that each Claimant will need to rely on the Court’s discretion in respect of Section 33 of the Limitation Act. When considering whether or not to allow the claims to proceed the Court will have in regard the reasons for the delay and, most importantly, the extent to which a fair Trial remains possible. Other claims against abusers who have since died have succeeded in the past where there have been numerous complaints. The onus of proof is on the Claimant to bring their claim. They have to do so on the balance of probabilities, i.e. beyond 50%. Each victim will need to prove the abuse and this will depend on the evidence in individual cases. Vicarious liability The various organisations could be vicariously liable if it can be shown that Savile was either an employee or akin to one or there was such a close connection between the abuse and his employment. Claims in negligence Even if Savile was not an employee then there could be liability if it can be shown that the various organisations knew or should have known that Savile posed a danger to children. It is likely that liability will only extend to those to whom each organisation owed a duty of care. Speak to our specialist Child Abuse Lawyer Liz Dux about bringing a Sexual, Physical Child Abuse Claim Please call 0800 916 9046, or email enquiries@rjwslatergordon.co.uk with your contact details. Our dedicated solicitors will be then able to offer you a free initial consultation and answer any questions that you have.
An experienced solicitor and family mediator, a robust advocate and one who gives realistic advice from day one.
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