PERSONAL injury lawyers have told ministers they should should allow the resurrection of potentially thousands of child abuse cases previously rejected, if they are to lift time bar on damages claims.

The Association of Personal Injury Lawyers says those cases previously rejected because they fell foul of a three-year time bar should be allowed to take their cases to court again saying the current system of reparation is "unjust".

Alternatively, they suggest that a redress scheme should be set up to provide compensation to those whose case was struck out under the limitation law.

It is estimated that thousands of adults who were abused in Scotland's care homes have been unable to pursue civil damages because they are "time-barred" under Scots Law.

The civil damages claims of around 1,000 abuse victims collapsed after two test cases failed at the House of Lords in 2008 as they were said to be time-barred. It was a decision described by victims as a “victory for the devil”.

Five Law Lords ruled that two of those seeking £50,000 in compensation had left it too long to claim for what they said they suffered at Nazareth House at Cardonald in Glasgow. Two women and a man originally launched the claims, saying they were beaten and abused by nuns belonging to a religious order known as the Poor Sisters of Nazareth.

Two of the three took the case to the House of Lords after a judge at the Court of Session ruled the claims were time-barred.

But the Law Lords ruled that Judge Lord Drummond Young was correct to rule that it was too late to hold a fair trial - the abuse complained of dated back by up to more than 40 years.

Proposals currently out to consultation by the Scottish Government, suggest removing the three-year limit on fresh cases but those whose abuse occurred before September 26, 1964 would remain time barred. Ministers have also suggested the change in law applies to abuse that occurred ‘in care’ settings such as residential care and children’s homes.

But APIL says the Scottish Government has to allow cases that failed due to the time-bar to be looked at again, that the new legislation should cover all children, and that there should be no time bar over raising of actions.

In a response to ministers, Gordon Dalyell, Scotland representative of the solicitors' campaign group said: "Provision should be made for those who have brought their case previously, but who were rejected on the basis of limitation, to receive reparation. To do otherwise would create a grossly unjust state of affairs whereby people who have dared to come forward earlier are rejected but people who have waited longer are permitted to pursue their case."

APIL said the legislation should apply to all children, not just those abused in care institutions.

Mr Dalyell said: "It is illogical to include those abused “in care”, but to prevent access to justice for those abused in a non-residential school, church, an after-school club or other setting that would not fall under the definition of 'in care'."

In May, the Scottish Government announced a nationwide inquiry was launched into institutional child abuse with allegations dating from September 1964 to be examined from children’s homes run by charities Barnardo’s and Quarriers as well as council-run homes and residential schools.

A government spokesman said: “This Government has made clear that, in responding to the needs of the survivors of child abuse, we want to remove barriers. That’s why we have announced our intention to remove the legal time bar that prevents people raising civil actions and claiming compensation after more than three years for cases after 1964.

“The very issues raised by APIL are currently out to consultation and we welcome their views and those of other respondents."

Meanwhile an 82 year old former priest at Fort Augustus Abbey school has appeared in private at Inverness Sheriff Court on six charges of assaulting pupils to their injury there.

Father Benedict Seed stood in the dock before Sheriff Margaret Neilson under his real name of Thomas Seed.

The former Brora priest was a monk teaching chemistry at the former Catholic Boarding School on the shores of Loch Ness before moving to the Sutherland area when it closed in 1999.

Through his solicitor, John MacColl, he made no plea or declaration, was committed for further examination and released on bail.

The Crown Office refused to give further details of the charges against Seed.