Raggett v The Society of Jesus Trust 1929 for Roman Catholic Purposes & Anor [2009] EWHC 909 (QB) (05 May 2009)

Raggett v The Society of Jesus Trust 1929 for Roman Catholic Purposes & Anor [2009] EWHC 909 (QB) (05 May 2009)

The court found, on the balance of probabilities, that the claimant was subjected to a sustained course of sexual abuse by Father Spencer over approximately four years, starting in 1970. The claimant's evidence was largely accepted, supported by contemporaneous witnesses. The court held that the claim was brought outside the primary limitation period but exercised its discretion under section 33 of the Limitation Act 1980 to allow the claim to proceed, finding it just and equitable in the circumstances given the nature of the abuse, the claimant's psychological response, and the supporting evidence.

Citation
[2009] EWHC 909
Parties
Claimant: Patrick Raggett; First Defendants: The Society of Jesus Trust 1929 for Roman Catholic Purposes; Second Defendants: The Governors of Preston Catholic College
Jurisdiction
England and Wales
Judgment Date
05 May 2009
Procedural Posture
Personal Injury Claim / Judgment on Liability and Limitation
Outcome
Claim for liability and limitation succeeds; claim proceeds to assessment of quantum.
Legal Topics
Vicarious Liability, Negligence, Sexual Abuse, Limitation Periods, Psychiatric Injury
Tort Law Personal Injury Limitation Vicarious Liability Negligence Sexual Abuse Limitation Periods Psychiatric Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Patrick Raggett

Claimant

The Society of Jesus Trust 1929 for Roman Catholic Purposes

First Defendants

The Governors of Preston Catholic College

Second Defendants

Procedural Posture

Personal Injury Claim / Judgment on Liability and Limitation

Legal Issues

  1. 1 Did sexual abuse occur as alleged by the claimant?
  2. 2 What was the nature and extent of the abuse?
  3. 3 Was the claim issued beyond the primary limitation period?

Ratio Decidendi

The court found, on the balance of probabilities, that the claimant was subjected to a sustained course of sexual abuse by Father Spencer over approximately four years, starting in 1970. The claimant's evidence was largely accepted, supported by contemporaneous witnesses. The court held that the claim was brought outside the primary limitation period but exercised its discretion under section 33 of the Limitation Act 1980 to allow the claim to proceed, finding it just and equitable in the circumstances given the nature of the abuse, the claimant's psychological response, and the supporting evidence.

Court Disposition

Claim for liability and limitation succeeds; claim proceeds to assessment of quantum.

Orders

  • Proceedings against the first defendants stayed by consent.
  • Judgment for the claimant on liability against the second defendants.