FZO v Adams & Anor [2019] EWHC 1286 (QB) (23 May 2019)

FZO v Adams & Anor [2019] EWHC 1286 (QB) (23 May 2019)

The claimant is entitled to substantial damages for severe and prolonged sexual abuse, including aggravated damages, with quantum assessed using a multiplier/multiplicand approach for loss of earnings and medical costs, and the second defendant is vicariously liable. Interest is not payable on the CPR 36.17(4)(d) additional payment. The first defendant must indemnify the second defendant in full.

Citation
[2019] EWHC 1286
Parties
Claimant: FZO; First Defendant: Mr Andrew Adams; Second Defendant: London Borough of Haringey
Jurisdiction
England and Wales
Judgment Date
23 May 2019
Procedural Posture
Personal Injury (sexual Abuse) / Quantum (assessment of Damages) After Findings on Liability and Limitation
Outcome
Claimant awarded total damages of £1,112,390.70 against the defendants, with provision for interest to be agreed, and first defendant to indemnify second defendant in full. Application for permission to appeal refused; stay granted pending appeal application.
Legal Topics
Sexual Abuse, Vicarious Liability, Limitation, Quantum of Damages, Aggravated Damages, Loss of Earnings, Subrogated Claims, Interest on Damages, Costs and Indemnity
Tort Law Personal Injury Civil Procedure Sexual Abuse Vicarious Liability Limitation Quantum of Damages Aggravated Damages +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

FZO

Claimant

Mr Andrew Adams

First Defendant

London Borough of Haringey

Second Defendant

Procedural Posture

Personal Injury (sexual Abuse) / Quantum (assessment of Damages) After Findings on Liability and Limitation

Legal Issues

  1. 1 Assessment of quantum for damages arising from sexual abuse
  2. 2 Appropriate heads and amounts of damages for pain, suffering, aggravated damages, past and future losses
  3. 3 Application of vicarious liability to the second defendant

Ratio Decidendi

The claimant is entitled to substantial damages for severe and prolonged sexual abuse, including aggravated damages, with quantum assessed using a multiplier/multiplicand approach for loss of earnings and medical costs, and the second defendant is vicariously liable. Interest is not payable on the CPR 36.17(4)(d) additional payment. The first defendant must indemnify the second defendant in full.

Court Disposition

Claimant awarded total damages of £1,112,390.70 against the defendants, with provision for interest to be agreed, and first defendant to indemnify second defendant in full. Application for permission to appeal refused; stay granted pending appeal application.

Orders

  • Damages awarded in the sum of £1,112,390.70 to the claimant
  • Interest to be calculated and agreed by parties