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 resulting in complex PTSD, with the second defendant vicariously liable. Damages are assessed using a multiplier/multiplicand approach for loss of earnings, with aggravated damages included due to the egregious conduct. Medical and travel expenses are awarded where reasonable and attributable to the abuse. Interest is not payable on the CPR 36 additional amount. The first defendant must indemnify the second defendant in full.

Citation
[2019] EWHC 1286 (QB)
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 / Abuse Claim / Quantum Assessment Following Liability Judgment
Outcome
Claimant awarded damages of £1,112,390.70; interest to be agreed; first defendant to indemnify second defendant; permission to appeal refused; stay granted pending appeal application.
Legal Topics
Sexual Abuse, Limitation, Damages Assessment, Aggravated Damages, Vicarious Liability, Interest on Damages, Costs and Indemnity, CPR Part 36 Offers
Tort Law Personal Injury Vicarious Liability Sexual Abuse Limitation Damages Assessment Aggravated Damages Interest on Damages +2 more

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Parties

FZO

Claimant

Mr Andrew Adams

First Defendant

London Borough of Haringey

Second Defendant

Procedural Posture

Personal Injury / Abuse Claim / Quantum Assessment Following Liability Judgment

Legal Issues

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

Ratio Decidendi

The claimant is entitled to substantial damages for severe and prolonged sexual abuse resulting in complex PTSD, with the second defendant vicariously liable. Damages are assessed using a multiplier/multiplicand approach for loss of earnings, with aggravated damages included due to the egregious conduct. Medical and travel expenses are awarded where reasonable and attributable to the abuse. Interest is not payable on the CPR 36 additional amount. The first defendant must indemnify the second defendant in full.

Court Disposition

Claimant awarded damages of £1,112,390.70; interest to be agreed; first defendant to indemnify second defendant; permission to appeal refused; stay granted pending appeal application.

Orders

  • Damages of £1,112,390.70 awarded to claimant
  • Interest to be calculated and agreed