FZO v Adams & Anor

FZO v Adams & Anor

The limitation period is disapplied under Section 33 of the Limitation Act 1980 due to the claimant's grooming and psychological manipulation, which prevented earlier recognition of abuse. The first defendant is liable for sexual abuse and assaults, and the second defendant is vicariously liable for assaults up to 1988, as the conduct was closely connected to the teacher’s pastoral duties. The abuse caused the claimant’s complex PTSD and inability to work since 2011. Damages are to be assessed following further submissions.

Parties
Claimant: FZO; First Defendant: Andrew Adams; Second Defendant: London Borough of Haringey
Jurisdiction
England and Wales
Judgment Date
20 December 2018
Procedural Posture
Civil / Judgment
Outcome
Limitation period disapplied; liability established against both defendants; quantum to be determined.
Legal Topics
Sexual Abuse, Vicarious Liability, Limitation Periods, Complex PTSD, Causation, Damages
Tort Personal Injury Limitation Employment Education Sexual Abuse Vicarious Liability Limitation Periods +3 more

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Parties

FZO

Claimant

Andrew Adams

First Defendant

London Borough of Haringey

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Should the limitation period be disapplied under Section 33 of the Limitation Act 1980?
  2. 2 What was the nature and extent of the sexual abuse and assaults perpetrated against the claimant?
  3. 3 Did the claimant give valid consent to sexual activity after leaving school up until 1988?

Ratio Decidendi

The limitation period is disapplied under Section 33 of the Limitation Act 1980 due to the claimant's grooming and psychological manipulation, which prevented earlier recognition of abuse. The first defendant is liable for sexual abuse and assaults, and the second defendant is vicariously liable for assaults up to 1988, as the conduct was closely connected to the teacher’s pastoral duties. The abuse caused the claimant’s complex PTSD and inability to work since 2011. Damages are to be assessed following further submissions.

Court Disposition

Limitation period disapplied; liability established against both defendants; quantum to be determined.

Orders

  • Section 11 Limitation Act 1980 shall not apply to this action.
  • Second defendant vicariously liable for assaults up to 1988.