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1) Law, psychiatry, society and child abuse 1 2 2) Classifying abuse as a civil wrong 52 3 3) Litigation against the accuser 144 4 4) Damage, causation and quantum 199 5 5) Limitation periods 244

This book presents a comprehensive analysis of the legal principles governing compensation for child abuse, particularly, sexual abuse, in England and Wales. The author explores the relative merits of various forms of legal action, and how compensable psychiatric damage can be proved. To facilitate reflection on the legal situation in England and Wales, there is extensive comparative discussion of these legal principles in New Zealand, Australia and Canada. The author finds that although the Accident Compensation scheme in New Zealand removes many avenues of redress in common law for personal injury; New Z eland case law shows a progressive approach to compensation for child abuse. There is discussion of the New Zealand approach to fiduciary duty, duty of care, and misfeasance in public office in the context of the irreconcilable interests of the child and the abuser. Other areas where New Zealand features as a point of comparison are in the matter of exemplary damages and limitation periods with a particular focus on New Zealand's subjective approach in cases of delayed discovery of the causal nexus between abuse and damage . In addition there is discussion of New Zealand's approach to the declaratory remedy in cases where rules of limitation have barred a claim but have not removed the underlying cause of the legal action. The author concludes that legal development in both Canada and New Zealand show that with judicial innovation, tort can contribute positively to compensation, standard setting, vindication and accountability for abuse claimants.

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