FZO v Adams & Anor

FZO v Adams & Anor

The court determined the appropriate quantum of damages for severe psychiatric injury resulting from prolonged sexual abuse, including aggravated damages, by assessing the claimant's employment history, medical needs, and the impact of the abuse. The court used a multiplier/multiplicand approach for loss of earnings, made deductions for contingencies and taxation, and awarded full recovery of reasonable medical and travel expenses. Interest was not awarded on the Part 36 additional amount.

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
Civil / Assessment of Quantum Following Judgment on Liability
Outcome
Judgment for the claimant; damages assessed at £1,112,390.70 plus interest to be agreed; stay of execution pending appeal application.
Legal Topics
Sexual Abuse, Limitation, Damages Assessment, Aggravated Damages, Vicarious Liability, Interest on Damages, Costs
Tort Personal Injury Vicarious Liability Sexual Abuse Limitation Damages Assessment Aggravated Damages Interest on Damages +1 more

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Parties

FZO

Claimant

Mr Andrew Adams

First Defendant

London Borough of Haringey

Second Defendant

Procedural Posture

Civil / Assessment of Quantum Following Judgment on Liability

Legal Issues

  1. 1 Appropriate quantum of damages for sexual abuse and psychiatric injury
  2. 2 Assessment of aggravated damages
  3. 3 Calculation of past and future loss of earnings

Ratio Decidendi

The court determined the appropriate quantum of damages for severe psychiatric injury resulting from prolonged sexual abuse, including aggravated damages, by assessing the claimant's employment history, medical needs, and the impact of the abuse. The court used a multiplier/multiplicand approach for loss of earnings, made deductions for contingencies and taxation, and awarded full recovery of reasonable medical and travel expenses. Interest was not awarded on the Part 36 additional amount.

Court Disposition

Judgment for the claimant; damages assessed at £1,112,390.70 plus interest to be agreed; stay of execution pending appeal application.

Orders

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