B v London Borough of Ealing & Anor

B v London Borough of Ealing & Anor

The claimant is entitled to damages for pain, suffering, loss of amenity, past and future loss of earnings, therapy, and a proportion of alcohol-related costs, as the evidence establishes a causal link between the abuse and her psychiatric and economic losses. Apportionment is applied where causation is partial, and lump sums are awarded due to imponderables in quantification.

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
Outcome
Claim for damages against the second defendant (father) allowed; damages assessed and awarded.
Legal Topics
Child Abuse, Negligence by Local Authority, Quantum of Damages, Psychiatric Injury, Causation, Apportionment of Damages
Tort Law Personal Injury Negligence Child Abuse Negligence by Local Authority Quantum of Damages Psychiatric Injury Causation +1 more

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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

Legal Issues

  1. 1 What is the appropriate quantum of damages for personal injuries and psychiatric harm intentionally inflicted by the claimant's father?
  2. 2 To what extent did the abuse impact the claimant's educational attainment, employment, and psychological health?
  3. 3 Is the claimant entitled to recover for therapy and alcohol-related costs attributable to the abuse?

Ratio Decidendi

The claimant is entitled to damages for pain, suffering, loss of amenity, past and future loss of earnings, therapy, and a proportion of alcohol-related costs, as the evidence establishes a causal link between the abuse and her psychiatric and economic losses. Apportionment is applied where causation is partial, and lump sums are awarded due to imponderables in quantification.

Court Disposition

Claim for damages against the second defendant (father) allowed; damages assessed and awarded.

Orders

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