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 Mr Whillock had sexually abused the claimant through grooming, sexual touching, fondling, and digital penetration, but not rape or oral sex. The school was vicariously liable. The abuse and its disclosure caused an adjustment disorder and ongoing anxiety, with 30% attributable to the abuse. The tort of intentional infliction of harm was also established. The defendant is entitled to 100% contribution from Mr Whillock.

Citation
[2015] EWHC 2687
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 / Judgment After Trial
Outcome
Claim for damages upheld against defendant and third party
Legal Topics
Vicarious Liability, Intentional Infliction of Harm, Sexual Abuse, Psychiatric Injury, Wilkinson V Downton Tort, Rhodes V OPO, Contribution Between Tortfeasors
Tort Education Law Child Protection Personal Injury Vicarious Liability Intentional Infliction of Harm Sexual Abuse Psychiatric Injury +3 more

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Parties

ABC

Claimant

West Heath 2000 Limited

Defendant

William Whillock

Part 20 Defendant / Third Party

Procedural Posture

Personal Injury Claim / Judgment After Trial

Legal Issues

  1. 1 Extent of sexual abuse by school staff member
  2. 2 Causation of psychiatric injury
  3. 3 Quantum of damages

Ratio Decidendi

The court found Mr Whillock had sexually abused the claimant through grooming, sexual touching, fondling, and digital penetration, but not rape or oral sex. The school was vicariously liable. The abuse and its disclosure caused an adjustment disorder and ongoing anxiety, with 30% attributable to the abuse. The tort of intentional infliction of harm was also established. The defendant is entitled to 100% contribution from Mr Whillock.

Court Disposition

Claim for damages upheld against defendant and third party

Orders

  • Defendant to pay damages to claimant
  • Defendant entitled to 100% contribution from third party