JL V ARCHBISHOP BOWEN AND THE SCOUT ASSOCIATION 27th May 2015 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. Father Laundy was ordained as a priest in the First Defendant’s dioceses and worked as a scout chaplain to the 9th Wimbledon Scout Group. 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.
JXL AND ANOTHER V BRITTON [2014] EWHC 2571 (QB) JXL and SXC were sisters. In 1989 when they were children the Defendant raped them. JXL was 10 or 11 years old at the time, and SXC was 7 or 8. JXL was raped twice, and JXL once. The Defendant was acquitted at his trial of the first count in relation to SXC, but convicted of the second offence relating to the occasion when both Claimants were raped. He was sentenced on 13 Apr 2012 to a total of 22 years custody: he received a sentence of 7 years for the rape of SXC, 7 years for the rape of JXL and 8 years for another rape of a child.Full report here.
DSD AND ANOTHER V COMMISSIONER FOR THE POLICE FOR THE METROPOLIS [2014] EWHC 2493 (QB) This was the second part of a judgement [2014] EWHC 436 (QB) which concerned the liability under the Human Rights Act 1998 for failings on the part of the Metropolitan Police Service to conduct an effective investigation into the rapes and other sexual assaults carried out by John Worboys in the period 2002 and 2008. The effect of finding that the MPS was in breach was whether that meant (a) that the Claimants were entitled to a financial remedy and if so (b) as to the amount.Full report here.
GLB v TH LTL 31/10/2012 EXTEMPORE Between the ages of 11 and 16 the Claimant was sexually abused by her grandfather. The abuse had consisted of indecent assaults over and under he clothes, getting her to her to undress, to masturbate herself and use sex toys, to take inappropriate photographs of herself, to masturbate him, and twice attempting to rape her. The abuse occurred approximately once every one or two months for five years. Full report here.
RAGGETT V THE SOCIETY OF JESUS [2012] EWHC 3132 The Claimant claimed damages for personal injury, loss and damage consequent upon sexual abuse perpetrated on him by a teacher at Preston Catholic College in Preston, Lancashire. The issues of limitation and liability had already been tried and the court had found in the Claimant’s favour. The court then heard evidence and submissions on issues relating to causation and quantum of damages. That evidence was directed mainly at establishing what, if any, lasting psychiatric damage had been caused by the abuse and, if such damage had occurred, to determine the effects on the Claimant's personal and professional life. Full report here.
RAR V GGC [2012] EWHC 2238 (QB) The Defendant was the step father of the Claimant. She alleged that between 1972 and 1977 when she was aged 7 to 12, he physically and sexually assaulted her on many occasions. He had been convicted in 1978 of indecently assaulting the Claimant on one occasion. Proceedings were issued against the Defendant on the 5th April 2011 and he entered a Defence denying the assaults. He also raised the defence of limitation. At trial the Defendant did not appear and his solicitors had come off the record. Full report here.
ZH (A PROTECTED PARTY BY GH, HIS LITIGATION FRIEND) AND THE COMMISSIONER OF POLICE FOR THE METROPOLIS [2012] EWHC 604 The Claimant was a severely autistic and epileptic nineteen year old, who suffered from learning difficulties and could not communication by speech. He brought a claim for assault and battery, false imprisonment, unlawful disability discrimination under the Disability Discrimination Act 1995 (DDA) and breaches of Articles 3, 5 and/or 8 under the Human Rights Act 1998 and for declaratory relief. Full report here.
ABB AND OTHERS V MILTON KEYNES COUNCIL [2011] EWHC 2745 (QB) ; PIERCE V DONCASTER METROPOLITAN BOROUGH COUNCIL [2008] EWCA Civ 1416 FACTS:-The Claimants were three brothers and a sister, who were living in the area occupied by the Defendant local authority. Throughout their childhood each of the Claimants was the victim of sustained and serious sexual abuse, perpetrated by their father, between about 1990 and 2005. The Claimant was a 31 year old man with a long standing history of serious mental health problems. He had been diagnosed as HIV positive and was now receiving appropriate treatment. He was born on the 1st March 1976 into a family of six siblings. In August 1976 a health visitor noted that the Claimant had lost weight and appeared to be neglected, and so he was removed from his parents and placed in foster care from 1976 to 1977. Full report here.
EB v JOHN HAUGHTON [2011] EWHC 279 (QB) The Claimant was a 28 year old woman, who alleged that over a year or so in 1993 when she was 10 or 11, the Defendant subjected her to sexual assaults. These assaults including stroking her leg, fondling her chest and breasts and on one occasion causing the Claimant to undress and touching her inappropriately under the guise of a massage and inserting his finger into her vagina. Full report here.
BJM v EYRE, HAWTHORNE, LORAM AND RILEY [2010] EWHC 2856 (QB) The Claimant, a 21 year old man claimed damages against the four Defendants in a claimed issue in April 2008. Leeds City Council had been added as a fifth Defendant but this action was discontinued later. Judgment was entered against the four Defendants with damages to be assessed. The First Defendant had been a male prostitute who hired out a number of boys to clients. The Claimant met the First Defendant through a friend and he was groomed for sexual abuse by a series of men who came to the First Defendant’s flat. 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.
B V LONDON BOROUGH OF EALING AND ANOTHER [2008] EWHC 1262 (QB) The Claimant was the daughter of the Second Defendant. The First Defendant was the local authority in whose area the Claimant grew up. The claim arose out of injuries sustained as a result of physical and emotional abuse inflicted on the Claimant by her father during her childhood. The father had in particular (a) threatened to kill the Claimant (b) beat the Claimant on practically a daily basis from the age of about 3 to about 17 with his hands, a cane, a wooden clothes brush, a length of cable or a leather belt. Full report here.
J K and P V ARCHBISHOP OF BIRMINGHAM (1) THE TRUSTEES FOR THE BIRMINGHAM ARCHDIOCESE OF THE ROMAN CATHOLIC CHURCH (2) Unreported (2008) Master Fontaine The claim consisted of two causes of action. Firstly the Defendants were vicariously liable for the alleged assaults by Father Clonan. The second was that the Defendants were liable in negligence in failing to act upon information allegedly given to Father Clonan’s immediate superior. The Defendants had said that they would accept vicarious liability for any assault provided they were committed within the course of Father Clonan’s employment. Full report here.
AT, NT, ML, AK V DULGHIERU AND DULGHIERU [2008] EWHC 225 (QB) The Claimants were all young women who were Moldavian nationals. They were bringing a claim against the Defendants (who were not present at the assessment of damages) for trafficking them into the United Kingdom and making them work as prostitutes between February and July 2003. Initially the women had been told that they could work in the United Kingdom as dancers. They were brought over the Moldova and kept locked in a flat. Full report here.
PIERCE V DONCASTER METROPOLITAN BOROUGH COUNCIL [2008] EWCA Civ 1416 The Claimant was a 31 year old man with a long standing history of serious mental health problems. He had been diagnosed as HIV positive and was now receiving appropriate treatment. He was born on the 1st March 1976 into a family of six siblings. In August 1976 a health visitor noted that the Claimant had lost weight and appeared to be neglected, and so he was removed from his parents and placed in foster care from 1976 to 1977. Full report here.
KXW, TXS AND MXK V ROBERT BLACKMORE (Unreported) 27TH APRIL 2007 Judge Barrett QC CHICHESTER COUNTY COURT Each Claimant was bringing a separate action claiming damages for the physical, sexual assault, emotional pain and suffering and long term psychological harm which he had suffered as a result of sustained and abusive conduct between 1999 and 2003. MXK was born on the 6th December 1988. At the time of trial he was 18 years old and he alleged abuse from 1999. This was disputed by the Defendant who said Full report here.
J.M (AP) V FIFE COUNCIL [2007] CSOH 18 The Claimant sought damages from the Defendants in respect of sexual and non sexual abuse, which he suffered whilst a child in residential accommodation in a children’ home in Elie, Fife.The Claimant was born in 1952 and was 54 at the date of giving evidence. He was involved in running a small charity in Liverpool and was also a magistrate. For the first six years of his life, he was placed with a foster mother, and this was a happy period of time. However her health began to fail and he was placed in a home run by Mr and Mrs G. When he was 8, Mr David Murphy (who went on to abuse him) came to work at the home. Full report here.
JAKE PIERCE V DONCASTER METROPOLITAN BOROUGH COUNCIL [2007] EWHC 2968 The Claimant was a 31 year old man with a long standing history of serious mental health problems. He had been diagnosed as HIV positive and was now receiving appropriate treatment. He was born on the 1st March 1976 into a family of six siblings. In August 1976 a health visitor noted that the Claimant had lost weight and appeared to be neglected, and so he was removed from his parents and placed in foster care from 1976 to 1977. Full report here.
C V D AND ANOTHER [2006] EWHC 166(QB) From 1989 (when the Claimant was nine) to 1993, the Claimant was a pupil at the junior day school of an Abbey run by the Catholic Church (the Second Defendant). The First Defendant was the headmaster of the school throughout that period. The Claimant made three broad allegations of abuse against the First Defendant. There were occasions when the First Defendant touched his genitals whilst drying him with a towel after swimming lessons held by the local swimming paths. On another occasion the First Defendant videoed him and other members of his class whilst they were taking a shower. Full report here.
AMANDA LAWSON V ANN GLAVES-SMITH, EXECUTOR OF THE ESTATE OF CHRISTOPHER JOHN DAWES DECEASED [2006] EWHC 2865 (QB) The Claimant was suing the estate of Christopher Dawes in respect of allegations of multiple rapes, attempted rape, indecent assault, the forced administering of crack cocaine and false imprisonment over the period 23 to 26 December 1998. The Claimant was then aged 34 and at the time of trial was aged 42.The Claimant had been told by a friend that Mr Dawes, a wealthy businessman was looking for someone to front a modelling agency. She went to visit Mr Dawes at his home in Alderney and was flown over in his private helicopter. At his home, she was forced to take crack cocaine and was sexually assaulted on a number of occasions. Full report here.
X V Y AND Z (UNREPORTED) 16TH SEPTEMBER 2005 RECORDER NICHOLAS WOOD EXETER COUNTY COURT The claim arose out of abuse that occurred in the late 1960’s, when the Claimant (aged 12 to 14) years was detained at an approved school run by the Second Defendants. In 1973, following the Children and Young Persons Act 1969, the school ceased to be an approved school and the First Defendants took over managerial responsibility for it and any outstanding liabilities of the Second Defendants. Judgment was entered against the First Defendants only. Full report here.
MALCOLM NEW V MINISTRY OF DEFENCE [2005] EWHC 1647 (QB) The Claimant had committed to a military career from very early on in life. He was promoted to NCO at a very early age and demonstrated outstanding qualities of leadership. He received an award of the British Empire Medal in the New Year’s Honours List. He returned from his fifth tour of duty in Northern Ireland and was sent on leave. He moved with his second wife to Colwyn Bay, where he started up an industrial window cleaning business. Full report here.
A. VERSUS THE ARCHBISHOP OF BIRMINGHAM (1) THE TRUSTEES OF THE BIRMINGHAM ARCHDIOCESE OF THE ROMAN CATHOLIC CHURCH [2005] EWHC 1361 (QB) The Claimant was born on the 28th May 1970 and at the date of judgment he was aged 35. Between 1977 and 1988, between the ages of 7 and 18, he was sexually abused by a Catholic Priest – Father Christopher Clonan. The abuse was regular, about one to three times a week. It began with indecent touching and progressed to mutual masturbation, buggery and oral sex. The Defendant admitted liability and the court had to decide the quantum of damages. He had obtained an award of £12,500 from the Criminal Injuries Compensation Board in 1993. Full report here.
EAGLE V CHAMBERS [2004] EWCA Civ 1033 The Claimant suffered very serious injuries in a road traffic accident. Contributory negligence was set at 40% by the Court of Appeal. On the issue of quanturm, the trial judge awarded the sum of £1,499,268.13, which sum was appealed to the Court of Appeal. Full report here.
RICHARDSON V HOWIE [2004] EWCA Civ 1127 The Claimant was a masseuse working in Brighton. The Defendant was her client who paid her significant sums of money and purchased a house for her to live in. They went to Barbados on holiday, during which time the Defendant assaulted the Claimant and both were deported back to the UK. The Defendant was then convicted of soliciting the Claimant’s murder for which crime he was imprisoned. Full report here.
WILLEMSE V HESP [2003] EWCA Civ 994 The Claimant was involved in a road traffic accident on the 2nd December 1995, and sustained a head injury. Prior to the accident, he had been in the process of constructing a boat. This had been built to a fine design and the Claimant planned to sail it to Australia and the Canary Islands with a view to proving and promoting its design. In the year ending 31st October 1989, the Claimant had earnings of £22,208. However his earnings for the four years ending 31st October 1990 to 1994 showed only £4,297, £100, £1137, £4396 and £1226. Full report here.
KR AND OTHERS VERSUS BRYN ALYN COMMUNITY (HOLDINGS) LIMITED (IN LIQUIDATION) AND ROYAL & SUN ALLIANCE PLC [2003] EWCA Civ 85 This was an appeal brought by fourteen adults all whom claimed to have suffered sexual and/or physical abuse and/or emotional abuse between 1973 and 1991 whilst they were children in the care of the First Defendant’s care home in North Wales, the Bryn Alyn Community (“the Community”). The Second Defendant joined itself into the action to enable itself to protect its position as the First Defendant’s putative insurer. On the 26th June 2001, Connell J found at first instance that the First Defendant was liable in negligence in respect of all the claims, save that of one Claimant (“MCK”) and part of those of two other Claimants (“JS” and “CD”). He also held Full report here.
C v FLINTSHIRE COUNTY COUNCIL [2001] EWCA Civ 302 The Claimant had been placed at the age of 14, in a children’s home. She had previously been the victim of her parents’ physical and emotional abuse and she was bullied at school. Over the five months that she was there, she was bullied by fellow inmates. She was then discharged from care and sent home, but returned to another care home where she suffered physical, emotional and sexual abuse at the hands of members of staff. Full report here.
VARIOUS CLAIMANTS V FLINTSHIRE COUNTY COUNCIL 26TH JULY 2000 HIGH COURT (Unreported) The case concerned group litigation, under the name “North Wales Children’s Homes Litigation”. Mr Justice Scott Baker decided the issue of quantum of eleven claims arising out of child abuse at various children’s homes in North Wales. Full report here.
GRIFFITHS V WILLIAMS UNREPORTED COURT OF APPEAL 21ST NOVEMBER 1995 The Claimant was 32 years of age and was a tenant of the Defendant. She had previously worked at a hotel where the Defendant was a director. On the 27th February 1991, she and the Defendant had sexual intercourse in her bedroom. The Claimant alleged that she had been raped. The Defendant when interviewed by the police, initially denied that intercourse had taken place but later admitted to having intercourse with the Claimant. However he claimed that the intercourse was consensual. Following the report to the police, the Defendant harassed the Claimant as a result of which she took out an injunction against him. Full report here.
PARRINGTON V MARRIOTT UNREPORTED COURT OF APPEAL 19TH FEBRUARY 1999 The Claimant was raped by the Defendant on two occasions and subjected to sexual harassment over a period of about 18 months. She brought a claim against him and was awarded at trial £73,778.06. The Defendant appealed. There had been no criminal prosecution. The Defendant strenuously denied the allegations against him. Full report here.
VARIOUS CLAIMANTS V LEICESTERSHIRE COUNTY COUNCIL UNREPORTED 2nd APRIL 1996 MR JUSTICE POTTS In 1989, one of the Claimants, GPH disclosed to her social worker her experiences whilst in Beck’s charge. The police undertook an investigation and Beck was arrested together with three of his subordinate officers. In 1990, Beck was found guilty on 17 counts involving sexual and physical assault of those in his charge and was sentenced to life in prison, where he died. One of his officers died and the other two were convicted on lesser offences. Full report here.