BJM v Nathan Eyre & Ors [2010] EWHC 2856 (QB) (12 November 2010)

BJM v Nathan Eyre & Ors [2010] EWHC 2856 (QB) (12 November 2010)

The defendants are jointly and severally liable for damages to the claimant for severe psychiatric injury, loss of amenity, aggravated damages, and financial losses, as the abuse was the material cause of the claimant's PTSD and substantially contributed to his personality disorder and loss of educational and employment opportunities. Pre-existing vulnerabilities do not reduce liability, and damages are assessed on a broad-brush basis.

Citation
[2010] EWHC 2856
Parties
Claimant: BJM; First Defendant: Nathan Eyre; Second Defendant: Raymond Colin Hawthorne; Third Defendant: Leslie Loram; Fourth Defendant: David Riley
Jurisdiction
England and Wales
Judgment Date
12 November 2010
Procedural Posture
Civil Claim for Damages (personal Injury, Sexual Abuse) / Assessment of Damages Following Default Judgment
Outcome
Judgment for the claimant against all defendants jointly and severally.
Legal Topics
Sexual Abuse, Personal Injury Damages, Aggravated Damages, Causation, Loss of Earnings, Psychiatric Harm, Vulnerable Claimant, Assessment of Damages
Tort Law Personal Injury Child Abuse Psychiatric Injury Sexual Abuse Personal Injury Damages Aggravated Damages Causation +4 more

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Parties

BJM

Claimant

Nathan Eyre

First Defendant

Raymond Colin Hawthorne

Second Defendant

Leslie Loram

Third Defendant

David Riley

Fourth Defendant

Procedural Posture

Civil Claim for Damages (personal Injury, Sexual Abuse) / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 Extent of damages for psychiatric and personal injury following sexual abuse and forced prostitution
  2. 2 Causation between abuse and claimant's psychiatric/educational/employment difficulties
  3. 3 Appropriate quantum for pain, suffering, loss of amenity, aggravated damages, and financial losses

Ratio Decidendi

The defendants are jointly and severally liable for damages to the claimant for severe psychiatric injury, loss of amenity, aggravated damages, and financial losses, as the abuse was the material cause of the claimant's PTSD and substantially contributed to his personality disorder and loss of educational and employment opportunities. Pre-existing vulnerabilities do not reduce liability, and damages are assessed on a broad-brush basis.

Court Disposition

Judgment for the claimant against all defendants jointly and severally.

Orders

  • Defendants to pay claimant £209,450 in damages plus £7,155.26 interest.
  • Defendants jointly and severally liable for claimant's costs, subject to detailed assessment if not agreed.