A AGAINST C AND B AGAINST C [2018] ScotCS CSOH_65 (15 June 2018)

A AGAINST C AND B AGAINST C [2018] ScotCS CSOH_65 (15 June 2018)

The defender is liable for all assaults and wrongs described in the summons. Damages are assessed based on the severity and consequences of the abuse, including psychiatric disorders, disruption to education and employment, and need for future therapy. Solatium, loss of earning capacity, and medical expenses are awarded with interest calculated per established legal principles.

Citation
[2018] ScotCS CSOH_65
Parties
Pursuer: A; Pursuer: B; Defender: C
Jurisdiction
Scotland
Judgment Date
15 June 2018
Procedural Posture
Personal Injury Action / Proof on Quantum Following Summary Decree on Liability
Outcome
decree pronounced awarding damages to A and B; liability established for all assaults and wrongs averred; questions of expenses reserved
Legal Topics
Solatium, Loss of Earning Capacity, Medical Expenses, Interest on Damages
Tort Personal Injury Sexual Abuse Solatium Loss of Earning Capacity Medical Expenses Interest on Damages

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Parties

A

Pursuer

B

Pursuer

C

Defender

Procedural Posture

Personal Injury Action / Proof on Quantum Following Summary Decree on Liability

Legal Issues

  1. 1 assessment of damages for sexual abuse
  2. 2 allocation of solatium
  3. 3 loss of earning capacity

Ratio Decidendi

The defender is liable for all assaults and wrongs described in the summons. Damages are assessed based on the severity and consequences of the abuse, including psychiatric disorders, disruption to education and employment, and need for future therapy. Solatium, loss of earning capacity, and medical expenses are awarded with interest calculated per established legal principles.

Court Disposition

decree pronounced awarding damages to A and B; liability established for all assaults and wrongs averred; questions of expenses reserved

Orders

  • A awarded £167,095.16 in total damages plus interest at 8% per year from date of decree until payment
  • B awarded £33,006.54 in total damages plus interest at 8% per year from date of decree until payment