S & Ors, Re [2001] EWCA Civ 1391 (4 September 2001)

S & Ors, Re [2001] EWCA Civ 1391 (4 September 2001)

Permission to appeal is granted to claimants on the grounds relating to direct negligence and quantum of damages, as there are arguable issues regarding the judge's findings on negligence and the assessment/apportionment of damages. Permission to appeal on findings of fact is refused as these are within the trial judge's discretion. Defendants' applications for permission to appeal on findings of fact are refused.

Citation
[2001] EWCA Civ 1391
Parties
Claimants: S & Others; Defendants: Bryn Alyn Community (Holdings) Limited (in liquidation) and their insurers
Jurisdiction
England and Wales
Judgment Date
04 September 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Queen's Bench Division Judgment
Outcome
Claimants' application for permission to appeal granted in part; defendants' application for permission to appeal refused.
Legal Topics
Vicarious Liability, Negligence, Limitation Periods, Assessment of Damages, Sexual and Physical Abuse, Apportionment of Damages
Tort Law Limitation Law Child Protection Vicarious Liability Negligence Limitation Periods Assessment of Damages Sexual and Physical Abuse +1 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 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

S & Others

Claimants

Bryn Alyn Community (Holdings) Limited (in liquidation) and their insurers

Defendants

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Queen's Bench Division Judgment

Legal Issues

  1. 1 Whether the judge erred in rejecting claims of direct negligence, thus affecting the limitation period discretion under section 33 of the Limitation Act 1980
  2. 2 Whether the judge erred in findings of fact regarding allegations of abuse
  3. 3 Whether the judge erred in the assessment and apportionment of damages

Ratio Decidendi

Permission to appeal is granted to claimants on the grounds relating to direct negligence and quantum of damages, as there are arguable issues regarding the judge's findings on negligence and the assessment/apportionment of damages. Permission to appeal on findings of fact is refused as these are within the trial judge's discretion. Defendants' applications for permission to appeal on findings of fact are refused.

Court Disposition

Claimants' application for permission to appeal granted in part; defendants' application for permission to appeal refused.

Orders

  • Permission to appeal granted to claimants on grounds relating to direct negligence and quantum of damages, except for interest.
  • Permission to appeal on findings of fact refused to claimants.