CAX v PQR

CAX v PQR

The Claimant established, on the balance of probabilities, that the Defendant's abuse caused severe psychiatric injury and delayed her career progression. The court accepted the unchallenged evidence and expert opinion, applied the Judicial College Guidelines for general and aggravated damages, and awarded past and future loss of earnings based on the multiplier/multiplicand method, as uncertainties did not warrant a Blamire approach. The court also awarded costs for psychological treatment, travel, and increased tuition fees.

Parties
Claimant: CAX; Defendant: PQR
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (tort Personal Injury) / Quantum Assessment After Default Judgment
Outcome
Claim allowed; damages assessed and awarded to Claimant.
Legal Topics
Sexual Abuse, Assault, Trespass to the Person, Damages, Aggravated Damages, Loss of Earnings
Tort Law Personal Injury Civil Procedure Sexual Abuse Assault Trespass to the Person Damages Aggravated Damages +1 more

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Parties

CAX

Claimant

PQR

Defendant

Procedural Posture

Civil (tort Personal Injury) / Quantum Assessment After Default Judgment

Legal Issues

  1. 1 Assessment of damages for sexual, physical, and psychological abuse
  2. 2 Appropriate quantum for pain, suffering, and loss of amenity
  3. 3 Entitlement to aggravated damages

Ratio Decidendi

The Claimant established, on the balance of probabilities, that the Defendant's abuse caused severe psychiatric injury and delayed her career progression. The court accepted the unchallenged evidence and expert opinion, applied the Judicial College Guidelines for general and aggravated damages, and awarded past and future loss of earnings based on the multiplier/multiplicand method, as uncertainties did not warrant a Blamire approach. The court also awarded costs for psychological treatment, travel, and increased tuition fees.

Court Disposition

Claim allowed; damages assessed and awarded to Claimant.

Orders

  • Defendant to pay Claimant £289,793.71 in damages, exclusive of interest and costs.
  • Further hearing to address interest, costs, and other matters.