BJM v Nathan Eyre & Ors
The claimant's PTSD and significant psychiatric harm are wholly attributable to the abuse; the abuse materially contributed to his personality disorder and loss of earning capacity. Damages assessed on a broad brush basis, taking account of pre-existing vulnerability but not discounting the defendants' responsibility. Aggravated damages awarded due to the defendants' exploitation and humiliation of the claimant.
- 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 / Judgment After Assessment of Damages
- Outcome
- Judgment for the claimant against all defendants jointly and severally.
- Legal Topics
- Sexual Abuse, Aggravated Damages, Loss of Earnings, Psychiatric Injury, Causation, Assessment of Damages
Case Brief
Summary, issues, holding and outcome
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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 / Judgment After Assessment of Damages
Legal Issues
- 1 Extent of damages for sexual and physical abuse
- 2 Causation between abuse and psychiatric/educational harm
- 3 Appropriate quantum for pain, suffering, loss of amenity, aggravated damages, and loss of earnings
Ratio Decidendi
The claimant's PTSD and significant psychiatric harm are wholly attributable to the abuse; the abuse materially contributed to his personality disorder and loss of earning capacity. Damages assessed on a broad brush basis, taking account of pre-existing vulnerability but not discounting the defendants' responsibility. Aggravated damages awarded due to the defendants' exploitation and humiliation of the claimant.
Court Disposition
Judgment for the claimant against all defendants jointly and severally.
Orders
- Defendants jointly and severally liable for £209,450 damages plus £7,155.26 interest.
- Defendants jointly and severally liable for claimant's costs, subject to detailed assessment if not agreed.
Full Case Text
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