Cases Relating to Victim Consent Issues
FZO V LONDON BOROUGH OF HARINGEY [2020] EWCA Civ 180
The Court of Appeal considered an appeal from the trial judge awarding the claimant the sum of £1,121,937.50. The claimant had been abused by a school teacher between 1980 and 1983-4 while at school, and after he had left school up until the age of 21 in 1988. The local authority had accepted that it was vicariously liable for the teacher’s assaults between 1980 and 1982 but not thereafter, alleging that after the claimant left the school he was consenting to the abuse. The grounds of the local authority’s appeal rested on limitation, the issue of consent, vicarious liability and causation. Full report here.
The Court of Appeal considered an appeal from the trial judge awarding the claimant the sum of £1,121,937.50. The claimant had been abused by a school teacher between 1980 and 1983-4 while at school, and after he had left school up until the age of 21 in 1988. The local authority had accepted that it was vicariously liable for the teacher’s assaults between 1980 and 1982 but not thereafter, alleging that after the claimant left the school he was consenting to the abuse. The grounds of the local authority’s appeal rested on limitation, the issue of consent, vicarious liability and causation. Full report here.
FZO V ADAMS AND HARINGEY [2018] EWHC 3584 (QB)
The Claimant claimed damages for personal injury, loss and damage consequent upon sexual abuse and assaults committed upon him by the first defendant, a teacher at Highgate Wood School, Hornsey, London, where he was a pupil from 1980 until 1982 and then again for a short time in 1983/4. These assaults continued after he left the school up until and including 1988. On 13th March 2014, the First Defendant pleaded guilty a number of sexual assaults against the Claimant. A letter of claim was sent to the Second Defendant on the 10th August 2015. The proceedings were commenced against both Defendants on 9th June 2016. The First Defendant admitted that he had "sexual relations" with the Claimant from about September 1980, that such activity constituted an assault and that it was abusive by reason of the claimant's age and his inability to consent to the same. The Second Defendant accepted vicarious liability for the First defendant's Assaults while the claimant was first at the school between 1980 and 1982 but not thereafter. It asserted that after the Claimant left the school there was clear evidence that he was consenting to the activity. Both Defendants raised the limitation defence. There were also issues of vicarious liability, consent, causation and quantum. Full report here.
The Claimant claimed damages for personal injury, loss and damage consequent upon sexual abuse and assaults committed upon him by the first defendant, a teacher at Highgate Wood School, Hornsey, London, where he was a pupil from 1980 until 1982 and then again for a short time in 1983/4. These assaults continued after he left the school up until and including 1988. On 13th March 2014, the First Defendant pleaded guilty a number of sexual assaults against the Claimant. A letter of claim was sent to the Second Defendant on the 10th August 2015. The proceedings were commenced against both Defendants on 9th June 2016. The First Defendant admitted that he had "sexual relations" with the Claimant from about September 1980, that such activity constituted an assault and that it was abusive by reason of the claimant's age and his inability to consent to the same. The Second Defendant accepted vicarious liability for the First defendant's Assaults while the claimant was first at the school between 1980 and 1982 but not thereafter. It asserted that after the Claimant left the school there was clear evidence that he was consenting to the activity. Both Defendants raised the limitation defence. There were also issues of vicarious liability, consent, causation and quantum. Full report here.
JL V ARCHBISHOP BOWEN AND THE SCOUT ASSOCIATION 27 May 2015 UNREPORTED
The Claimant was born on the 23rd December 1967. He claimed damages for sexual abuse suffered between 1984 and 1999 at the hands of Father Laundy, a Roman Catholic priest. He brought a claim in trespass against the Defendants for trespass to the person on the basis that they were vicariously liable for the Defendants’ actions. Full report here.
The Claimant was born on the 23rd December 1967. He claimed damages for sexual abuse suffered between 1984 and 1999 at the hands of Father Laundy, a Roman Catholic priest. He brought a claim in trespass against the Defendants for trespass to the person on the basis that they were vicariously liable for the Defendants’ actions. Full report here.