Raggett v The Society of Jesus Trust 1929 for Roman Catholic Purposes & Anor [2009] EWHC 909 (QB) (05 May 2009)

Raggett v The Society of Jesus Trust 1929 for Roman Catholic Purposes & Anor [2009] EWHC 909 (QB) (05 May 2009)

The court finds, on balance of probabilities, that the claimant was subjected to sustained sexual abuse and assaults by Father Spencer over four years, starting in 1970. The abuse was proven by claimant's evidence and corroborated by contemporaries. The limitation period had expired, but the court must consider whether it is just and equitable to allow the claim to proceed under s.33 of the Limitation Act 1980.

Citation
[2009] EWHC 909 (QB)
Parties
Claimant: Patrick Raggett; First Defendant: The Society of Jesus Trust 1929 for Roman Catholic Purposes; Second Defendant: The Governors of Preston Catholic College
Jurisdiction
England and Wales
Judgment Date
05 May 2009
Procedural Posture
Personal Injury Claim / Liability and Limitation Judgment
Outcome
Liability established against second defendants; limitation period expired but court to consider extension under s.33 Limitation Act 1980.
Legal Topics
Sexual Abuse, Vicarious Liability, Negligence, Limitation Periods
Tort Personal Injury Limitation Sexual Abuse Vicarious Liability Negligence Limitation Periods

Case Brief

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Parties

Patrick Raggett

Claimant

The Society of Jesus Trust 1929 for Roman Catholic Purposes

First Defendant

The Governors of Preston Catholic College

Second Defendant

Procedural Posture

Personal Injury Claim / Liability and Limitation Judgment

Legal Issues

  1. 1 Did sexual abuse occur?
  2. 2 Nature and extent of abuse
  3. 3 Was the claim issued beyond the primary limitation period?

Ratio Decidendi

The court finds, on balance of probabilities, that the claimant was subjected to sustained sexual abuse and assaults by Father Spencer over four years, starting in 1970. The abuse was proven by claimant's evidence and corroborated by contemporaries. The limitation period had expired, but the court must consider whether it is just and equitable to allow the claim to proceed under s.33 of the Limitation Act 1980.

Court Disposition

Liability established against second defendants; limitation period expired but court to consider extension under s.33 Limitation Act 1980.

Orders

  • Proceedings against first defendants stayed by consent.
  • Judgment against second defendants set aside by consent at trial start.