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

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

The limitation period was disapplied under s33 Limitation Act 1980 due to the Defendant's conduct and lack of prejudice from delay. The Claimant's detailed, consistent, and corroborated evidence was preferred over the Defendant's bare denial. The Defendant was found liable for repeated sexual assaults, and damages were assessed for psychiatric injury, aggravated damages, tuition costs, and future medical treatment.

Citation
[2021] EWHC 540 (QB)
Parties
Claimant: B; Defendant: David Cager
Jurisdiction
England and Wales
Judgment Date
09 March 2021
Procedural Posture
Civil (tort Assault/sexual Abuse) / High Court Trial Judgment
Outcome
Judgment for the Claimant
Legal Topics
Sexual Assault, Limitation Period, Aggravated Damages, Quantum of Damages, False Imprisonment, Psychiatric Injury
Tort Law Personal Injury Limitation Sexual Assault Limitation Period Aggravated Damages Quantum of Damages False Imprisonment +1 more

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Parties

B

Claimant

David Cager

Defendant

Procedural Posture

Civil (tort 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 Defendant committed the alleged sexual assaults
  3. 3 Quantum of damages to be awarded

Ratio Decidendi

The limitation period was disapplied under s33 Limitation Act 1980 due to the Defendant's conduct and lack of prejudice from delay. The Claimant's detailed, consistent, and corroborated evidence was preferred over the Defendant's bare denial. The Defendant was found liable for repeated sexual assaults, and damages were assessed for psychiatric injury, aggravated damages, tuition costs, and future medical treatment.

Court Disposition

Judgment for the Claimant

Orders

  • Damages awarded in the sum of £87,748.79 inclusive of interest
  • Section 11 Limitation Act 1980 disapplied