C v D

C v D

D1 deliberately sexually abused C, including touching his genitals and grossly invading his personal integrity, causing psychiatric injury. D2 is vicariously liable. The actionable incidents were the touching in the swimming baths and the first infirmary incident, not the videoing or emotional distress alone. Damages are apportioned to reflect the contribution of the abuse to C's psychiatric injury.

Parties
Claimant: C; First Defendant: D; Second Defendant: SBA
Jurisdiction
England and Wales
Judgment Date
23 February 2006
Procedural Posture
Tort (civil Claim for Damages) / Judgment After Trial
Outcome
Judgment for the claimant against both defendants
Legal Topics
Sexual Abuse, Vicarious Liability, Trespass to the Person, Wilkinson V Downton Principle, Psychiatric Injury, Damages, Anonymity Orders
Tort Law Personal Injury Education Law Sexual Abuse Vicarious Liability Trespass to the Person Wilkinson V Downton Principle Psychiatric Injury +2 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 5 Authorities cited 14 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

C

Claimant

D

First Defendant

SBA

Second Defendant

Procedural Posture

Tort (civil Claim for Damages) / Judgment After Trial

Legal Issues

  1. 1 Whether D1 committed actionable torts against C by sexual abuse and related conduct
  2. 2 Whether D2 is vicariously liable for D1's torts
  3. 3 Whether the videoing and first infirmary incidents are actionable under tort law

Ratio Decidendi

D1 deliberately sexually abused C, including touching his genitals and grossly invading his personal integrity, causing psychiatric injury. D2 is vicariously liable. The actionable incidents were the touching in the swimming baths and the first infirmary incident, not the videoing or emotional distress alone. Damages are apportioned to reflect the contribution of the abuse to C's psychiatric injury.

Court Disposition

Judgment for the claimant against both defendants

Orders

  • Defendants to pay claimant £43,000 in total damages (general and special)
  • Anonymity order discharged for all parties, with a four-week stay for appeal