ABC v West Heath 2000 Ltd & Anor

ABC v West Heath 2000 Ltd & Anor

The court found, on the balance of probabilities, that Mr Whillock groomed and sexually abused the claimant, including sexual touching, fondling, and digital penetration, but not oral sex or rape. The defendant was vicariously liable for his acts. The abuse and its disclosure caused the claimant an adjustment disorder and ongoing anxiety disorder, with 30% attributable to the abuse. Damages were assessed for pain, suffering, loss of amenity, handicap on the labour market, and psychological treatment. Claims for loss of earnings, deputyship costs, and aggravated damages were rejected.

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 / Civil Claim / Judgment After Trial
Outcome
Claim allowed in part; damages awarded to claimant.
Legal Topics
Vicarious Liability, Sexual Abuse, Intentional Infliction of Harm, Wilkinson V Downton Tort, Causation, Damages, Breach of Trust
Tort Law Personal Injury Education Law Vicarious Liability Sexual Abuse Intentional Infliction of Harm Wilkinson V Downton Tort Causation +2 more

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Parties

ABC

Claimant

West Heath 2000 Limited

Defendant

William Whillock

Part 20 Defendant / Third Party

Procedural Posture

Personal Injury / Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant was sexually abused by the third party while a pupil at the defendant's school
  2. 2 Whether the defendant is vicariously liable for the acts of the third party
  3. 3 Causation and extent of psychiatric injury and loss

Ratio Decidendi

The court found, on the balance of probabilities, that Mr Whillock groomed and sexually abused the claimant, including sexual touching, fondling, and digital penetration, but not oral sex or rape. The defendant was vicariously liable for his acts. The abuse and its disclosure caused the claimant an adjustment disorder and ongoing anxiety disorder, with 30% attributable to the abuse. Damages were assessed for pain, suffering, loss of amenity, handicap on the labour market, and psychological treatment. Claims for loss of earnings, deputyship costs, and aggravated damages were rejected.

Court Disposition

Claim allowed in part; damages awarded to claimant.

Orders

  • Defendant to pay claimant £51,370 in damages.
  • Defendant entitled to 100% contribution from Mr Whillock.