E.A. (AP) v. G.N. (AP) [2013] ScotCS CSOH_161 (08 October 2013)

E.A. (AP) v. G.N. (AP) [2013] ScotCS CSOH_161 (08 October 2013)

The court found the pursuer's evidence of sustained sexual abuse by the defender credible and corroborated by other witnesses. The delay in raising proceedings was directly attributable to the abuse, its psychological effects, and lack of proper legal advice. It is equitable to allow the action to proceed under s.19A, as the defender suffers no irremediable prejudice and the pursuer would face substantial injustice if barred. The pursuer is entitled to damages for psychiatric injury and loss of employability.

Citation
[2013] ScotCS CSOH_161
Parties
Pursuer: EA (AP); Defender: GN (AP)
Jurisdiction
Scotland
Judgment Date
08 October 2013
Procedural Posture
Reparation Action (personal Injury/delict) / Proof Before Answer (judgment After Trial)
Outcome
Action allowed to proceed; judgment for pursuer
Legal Topics
Sexual Abuse, Prescription and Limitation (scotland) Act 1973, Judicial Discretion Under S.19 a, Damages Assessment, Childhood Trauma and Delayed Reporting
Personal Injury Delict Limitation of Actions Sexual Abuse Prescription and Limitation (scotland) Act 1973 Judicial Discretion Under S.19 a Damages Assessment Childhood Trauma and Delayed Reporting

Case Brief

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Parties

EA (AP)

Pursuer

GN (AP)

Defender

Procedural Posture

Reparation Action (personal Injury/delict) / Proof Before Answer (judgment After Trial)

Legal Issues

  1. 1 Whether the pursuer suffered actionable sexual abuse by the defender
  2. 2 Whether the action is time-barred under s.17 of the Prescription and Limitation (Scotland) Act 1973
  3. 3 Whether it is equitable to allow the action to proceed under s.19A

Ratio Decidendi

The court found the pursuer's evidence of sustained sexual abuse by the defender credible and corroborated by other witnesses. The delay in raising proceedings was directly attributable to the abuse, its psychological effects, and lack of proper legal advice. It is equitable to allow the action to proceed under s.19A, as the defender suffers no irremediable prejudice and the pursuer would face substantial injustice if barred. The pursuer is entitled to damages for psychiatric injury and loss of employability.

Court Disposition

Action allowed to proceed; judgment for pursuer

Orders

  • Defender to pay pursuer £70,000 in damages
  • Defender to pay appropriate interest on damages