B v London Borough of Ealing & Anor [2008] EWHC 1262 (QB) (02 April 2008)

B v London Borough of Ealing & Anor [2008] EWHC 1262 (QB) (02 April 2008)

The court accepted the claimant's evidence and expert psychiatric opinion that the abuse by her father caused significant psychiatric injury and contributed to her underachievement and loss of earnings. Damages were assessed on a lump sum basis, with apportionment reflecting the degree of causation established by the medical evidence. Therapy and partial alcohol costs were recoverable as consequential losses directly attributable to the abuse.

Citation
[2008] EWHC 1262
Parties
Claimant: B; First Defendant: London Borough of Ealing; Second Defendant: PB
Jurisdiction
England and Wales
Judgment Date
02 April 2008
Procedural Posture
Personal Injury/negligence / Assessment of Damages After Default Judgment Against Second Defendant; Proceedings Against First Defendant Stayed
Outcome
Judgment for the claimant against the second defendant; damages assessed.
Legal Topics
Child Abuse, Negligence by Social Services, Assessment of Damages, Psychiatric Injury, Causation, Apportionment of Damages
Tort Law Personal Injury Negligence Child Abuse Negligence by Social Services Assessment of Damages Psychiatric Injury Causation +1 more

Case Brief

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Parties

B

Claimant

London Borough of Ealing

First Defendant

PB

Second Defendant

Procedural Posture

Personal Injury/negligence / Assessment of Damages After Default Judgment Against Second Defendant; Proceedings Against First Defendant Stayed

Legal Issues

  1. 1 Quantum of damages for personal injuries and psychiatric harm caused by intentional abuse by parent
  2. 2 Causation and apportionment of damages for psychiatric injury and loss of earnings
  3. 3 Recoverability of costs for therapy and alcohol consumption

Ratio Decidendi

The court accepted the claimant's evidence and expert psychiatric opinion that the abuse by her father caused significant psychiatric injury and contributed to her underachievement and loss of earnings. Damages were assessed on a lump sum basis, with apportionment reflecting the degree of causation established by the medical evidence. Therapy and partial alcohol costs were recoverable as consequential losses directly attributable to the abuse.

Court Disposition

Judgment for the claimant against the second defendant; damages assessed.

Orders

  • Damages awarded for pain, suffering and loss of amenity: £33,500
  • Damages for past loss of earnings: £11,000