ABC v West Heath 2000 Ltd & Anor [2015] EWHC 2687 (QB) (23 September 2015)

ABC v West Heath 2000 Ltd & Anor [2015] EWHC 2687 (QB) (23 September 2015)

The court found, on the balance of probabilities, that Mr Whillock groomed and sexually abused the Claimant, including sexual touching and digital penetration, and emotionally manipulated her to send indecent images, causing psychiatric injury. The Defendant is vicariously liable for Mr Whillock's acts. The claim under intentional infliction of harm is also established. Causation is satisfied for a diagnosed adjustment disorder and ongoing anxiety disorder, with the abuse being a significant contributing factor. The Claimant's damages are to be assessed accordingly.

Citation
[2015] EWHC 2687 (QB)
Parties
Claimant: ABC; Defendant: West Heath 2000 Limited; Part 20 Defendant / Third Party: William Whillock
Jurisdiction
England and Wales
Judgment Date
23 September 2015
Procedural Posture
Personal Injury Claim (sexual Abuse, Psychiatric Injury) / High Court Trial Judgment
Outcome
Claim allowed in part; Defendant found vicariously liable for sexual abuse and psychiatric injury; Part 20 Defendant liable for 100% contribution to damages.
Legal Topics
Vicarious Liability, Intentional Infliction of Harm, Sexual Abuse, Psychiatric Injury, Causation, Quantum of Damages
Tort Law Education Law Personal Injury Child Protection Vicarious Liability Intentional Infliction of Harm Sexual Abuse Psychiatric Injury +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

ABC

Claimant

West Heath 2000 Limited

Defendant

William Whillock

Part 20 Defendant / Third Party

Procedural Posture

Personal Injury Claim (sexual Abuse, Psychiatric Injury) / High Court Trial Judgment

Legal Issues

  1. 1 Whether Mr Whillock sexually abused the Claimant and the extent of such abuse
  2. 2 Whether the Defendant is vicariously liable for Mr Whillock's actions
  3. 3 Whether the abuse caused the Claimant's psychiatric injuries and ongoing problems

Ratio Decidendi

The court found, on the balance of probabilities, that Mr Whillock groomed and sexually abused the Claimant, including sexual touching and digital penetration, and emotionally manipulated her to send indecent images, causing psychiatric injury. The Defendant is vicariously liable for Mr Whillock's acts. The claim under intentional infliction of harm is also established. Causation is satisfied for a diagnosed adjustment disorder and ongoing anxiety disorder, with the abuse being a significant contributing factor. The Claimant's damages are to be assessed accordingly.

Court Disposition

Claim allowed in part; Defendant found vicariously liable for sexual abuse and psychiatric injury; Part 20 Defendant liable for 100% contribution to damages.

Orders

  • Defendant to pay damages to the Claimant for personal injury and psychiatric harm.
  • Part 20 Defendant (Mr Whillock) to indemnify Defendant for 100% of damages paid to Claimant.