B v Cager

B v Cager

The court found, on the balance of probabilities, that the Defendant sexually assaulted the Claimant as alleged. The limitation period was disapplied under s33 Limitation Act 1980 due to the Defendant's conduct causing the delay and no prejudice to the Defendant. The Claimant was awarded damages for psychiatric injury, aggravated damages, tuition costs, and future medical treatment, totaling £87,748.79.

Parties
Claimant: B; Defendant: David Cager
Jurisdiction
England and Wales
Judgment Date
09 March 2021
Procedural Posture
Civil (tort – Assault/sexual Abuse) / Final Judgment After Trial
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 Law 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) / Final Judgment After Trial

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 to be awarded

Ratio Decidendi

The court found, on the balance of probabilities, that the Defendant sexually assaulted the Claimant as alleged. The limitation period was disapplied under s33 Limitation Act 1980 due to the Defendant's conduct causing the delay and no prejudice to the Defendant. The Claimant was awarded damages for psychiatric injury, aggravated damages, tuition costs, and future medical treatment, totaling £87,748.79.

Court Disposition

Judgment for the Claimant

Orders

  • Damages assessed at £87,748.79 inclusive of interest
  • Judgment entered for the Claimant in that sum