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 claimant is entitled to damages for pain, suffering, loss of amenity, past and future loss of earnings, therapy costs, and a proportion of alcohol costs, as the evidence establishes a causal link between the abuse and her psychiatric and employment difficulties, with apportionment reflecting the degree of causation attributable to the abuse.

Citation
[2008] EWHC 1262 (QB)
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 Claim / Assessment of Damages After Default Judgment Against Second Defendant; Proceedings Against First Defendant Stayed
Outcome
Damages awarded to claimant against second defendant; proceedings against first defendant stayed.
Legal Topics
Quantum of Damages, Psychiatric Injury, Causation, Apportionment, Therapy Costs, Alcohol Consumption as Head of Damage
Tort Law Personal Injury Child Abuse Quantum of Damages Psychiatric Injury Causation Apportionment Therapy Costs +1 more

Case Brief

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Parties

B

Claimant

London Borough of Ealing

First Defendant

PB

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 What is the appropriate quantum of damages for physical and emotional abuse by a parent?
  2. 2 To what extent did the abuse cause the claimant's psychiatric and employment difficulties?
  3. 3 Is the claimant entitled to recover for therapy costs and increased alcohol consumption?

Ratio Decidendi

The claimant is entitled to damages for pain, suffering, loss of amenity, past and future loss of earnings, therapy costs, and a proportion of alcohol costs, as the evidence establishes a causal link between the abuse and her psychiatric and employment difficulties, with apportionment reflecting the degree of causation attributable to the abuse.

Court Disposition

Damages awarded to claimant against second defendant; proceedings against first defendant stayed.

Orders

  • Second defendant to pay £33,500 for pain, suffering and loss of amenity.
  • Second defendant to pay £11,000 for past loss of earnings.