Child Abuse Law
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MENTAL CAPACITY

DUNHILL (A PROTECTED PARTY BY HER LITIGATION FRIEND PAUL TASKER) V BURGIN [2012] EWCA Civ 397
The Claimant was a victim of a road traffic accident in which she suffered severe brain damage. Her claim was settled for £12,500 without any consideration of whether she had capacity or not. Later on it was realised that she did not have capacity, and those advising her applied to set aside the compromise. The case was in fact worth over £2 million. The court was required to answer the following preliminary issues, settled after a convoluted process.​ ​ Full report here.

MAGA (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR TO THE SUPREME COURT) V TRUSTEES OF THE BIRMINGHAM ARCHDIOCESE OF THE ROMAN CATHOLIC CHURCH [2010] EWCA Civ 256
The Claimant was abused as a boy by an assistant priest, Father Clonan, serving at a church in Coventry. He had suffered brain damage at birth, and was recognised as educationally subnormal. He could not read or write. 
Father Clonan had joined the Church in around 1972 and he had put a great deal of energy into starting up a disco, a social club and other clubs for young people. He also ran a number of football teams.​ Full report here.

MAGA (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR TO THE SUPREME COURT) V TRUSTEES OF THE BIRMINGHAM ARCHDIOCESE OF THE ROMAN CATHOLIC CHURCH [2009] EWHC 780 (QB)
The Claimant was abused as a boy by an assistant priest, Father Clonan, serving at a church in Coventry. He had suffered brain damage at birth, and was recognised as educationally subnormal. He could not read or write. 
It was alleged that in 1974, a Father McTernan, Father’s Clonan’s immediate superior was informed by the parents of another boy, M, that M had been abused by Father Clonan, but he had taken no action. It was uncertain when the abuse of the Claimant began, but it was pleaded as occurring over a period of many months in about 1976.​ Full report here.

MAGA (BY HIS LITIGATION FRIEND, THE OFFICIAL SOLICITOR TO THE SUPREME COURT) V TRUSTEES OF THE BIRMINGHAM ARCHDIOCESE OF THE ROMAN CATHOLIC CHURCH [2009] EWHC 780 (QB)
The Claimant was abused as a boy by an assistant priest, Father Clonan, serving at a church in Coventry. He had suffered brain damage at birth, and was recognised as educationally subnormal. He could not read or write. 
It was alleged that in 1974, a Father McTernan, Father’s Clonan’s immediate superior was informed by the parents of another boy, M, that M had been abused by Father Clonan, but he had taken no action. 
Full report here.

RONALD HARRY BAILEY (by his litigation friend, JANET ASHTON) v MATTHEW GEORGE WARREN [2006] EWCA Civ 51
The Claimant suffered severe head injuries in a road traffic accident on the 3rd May 1998. He and a friend, who had been drinking were crossing a four lane urban dual carriageway late at night. (The friend later compromised her own personal claim on a 50/50 basis). Neither the Claimant nor his friend had any memory of stepping out into the road. The Defendant pleaded guilty to driving without due care and attention. He had little recall of the events.Full report here.

MASTERMAN-LISTER V BRUTTON & CO. (NOS 1 AND 2) [2002] EWCA Civ 1889 MASTERMAN-LISTER V JEWELL AND ANOTHER [2003] EWCA Civ 70
The Claimant suffered serious head injuries at the age of 17 on the 9th September 1980 when he was involved in a road traffic accident. He commenced an action on the 24th December 1980 with his father as litigation friend, but adopted the action himself after reaching the age of 18 on the 24th July 1981. In September 1987, after receiving advice from his solicitors and counsel, he accepted an offer to compromise his claim for £76,000 plus costs. ​ Full report here.

YONGE V TOYNBEE [1909] 1 KB 215
The Defendant retained solicitors to act for him in a defence to an action which he expected to be brought against him by the Claimant. This was in August 1908 but in October 1908 he was certified as being a person of unsound mind. The solicitors knew that the Defendant had suffered from a nervous breakdown, but it was not until April 1909 that they became aware that he was of unsound mind. The action against the Defendant was brought in October 1908 and his solicitors duly defended the case.  ​ Full report here.


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