A AGAINST GLASGOW CITY COUNCIL [2021] ScotCS CSOH_102 (13 October 2021)

A AGAINST GLASGOW CITY COUNCIL [2021] ScotCS CSOH_102 (13 October 2021)

The pursuer's psychiatric and employment difficulties are causally linked to the sexual abuse perpetrated by WQ, for which Glasgow City Council is vicariously liable. The pursuer is entitled to damages for solatium, past and future loss of earnings, pension loss, and treatment costs, based on credible evidence and expert reports.

Citation
[2021] ScotCS CSOH_102
Parties
Pursuer: A; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
13 October 2021
Procedural Posture
Personal Injury Action / Final Judgment After Proof
Outcome
judgment for pursuer
Legal Topics
Vicarious Liability, Child Sexual Abuse, Quantum of Damages, Psychiatric Injury, Loss of Earnings
Tort Personal Injury Child Protection Vicarious Liability Child Sexual Abuse Quantum of Damages Psychiatric Injury Loss of Earnings

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Parties

A

Pursuer

Glasgow City Council

Defender

Procedural Posture

Personal Injury Action / Final Judgment After Proof

Legal Issues

  1. 1 Whether Glasgow City Council is vicariously liable for sexual abuse perpetrated by foster carer WQ
  2. 2 Causation and extent of psychiatric injury and loss suffered by pursuer
  3. 3 Assessment of quantum for solatium, past and future loss of earnings, pension loss, treatment costs

Ratio Decidendi

The pursuer's psychiatric and employment difficulties are causally linked to the sexual abuse perpetrated by WQ, for which Glasgow City Council is vicariously liable. The pursuer is entitled to damages for solatium, past and future loss of earnings, pension loss, and treatment costs, based on credible evidence and expert reports.

Court Disposition

judgment for pursuer

Orders

  • Defender to pay pursuer £150,000 for solatium
  • Defender to pay pursuer £584,874 for past loss of earnings