B v Cager [2021] EWHC 540 (QB) (09 March 2021)

B v Cager [2021] EWHC 540 (QB) (09 March 2021)

The limitation period is disapplied under s33 Limitation Act 1980 due to the Defendant's conduct causing delay and absence of prejudice. The Claimant's detailed, consistent, and corroborated evidence is preferred over the Defendant's bare denial. The Claimant was sexually assaulted as alleged, resulting in psychiatric injury and gambling addiction. Damages are awarded for pain, suffering, aggravated damages, tuition costs, and future medical treatment.

Citation
[2021] EWHC 540
Parties
Claimant: B; Defendant: David Cager
Jurisdiction
England and Wales
Judgment Date
09 March 2021
Procedural Posture
Civil Claim for Damages (assault/sexual Abuse) / High Court Trial Judgment
Outcome
Judgment for the Claimant
Legal Topics
Sexual Assault, Limitation Period, Damages Assessment, Aggravated Damages, Psychiatric Injury, Gambling Addiction, False Imprisonment
Tort Law Personal Injury Limitation Law Sexual Assault Limitation Period Damages Assessment Aggravated Damages Psychiatric Injury +2 more

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Parties

B

Claimant

David Cager

Defendant

Procedural Posture

Civil Claim for Damages (assault/sexual Abuse) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the claim is time-barred under the Limitation Act 1980
  2. 2 Whether the alleged sexual assaults occurred
  3. 3 Quantum of damages

Ratio Decidendi

The limitation period is disapplied under s33 Limitation Act 1980 due to the Defendant's conduct causing delay and absence of prejudice. The Claimant's detailed, consistent, and corroborated evidence is preferred over the Defendant's bare denial. The Claimant was sexually assaulted as alleged, resulting in psychiatric injury and gambling addiction. Damages are awarded for pain, suffering, aggravated damages, tuition costs, and future medical treatment.

Court Disposition

Judgment for the Claimant

Orders

  • Damages assessed at £87,748.79 inclusive of interest
  • Section 11 Limitation Act 1980 disapplied