Assessment of damages following child abuse by Catholic priest.
Held: General damages of andpound;50,000 were in line with Coxon and were approved. A had not been shown to be, and is not, incapable of managing his affairs. The court differed from the conclusion of the Court of Protection. Damages should be awarded on the basis that a special needs trust was established for the claimant. He could only recover for the cost of personal care by his family were this went significantly beyond the normal incidents of care within a family.
Christopher Clarke J
 EWHC 1361 (QB)
England and Wales
Cited – Coxon v Flintshire County Council CA 13-Feb-2001
The guidelines on damages for psychiatric damage did not apply to the damages claims of those who had been subjected to sexual abuse whilst children in local authority care homes. The injury in these cases was of a different character, and the . .
Cited – Firth v George Ackroyd Junior Ltd 2000
Cited – Ryan v Liverpool Health Authority 2001
Cited – Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1) CA 19-Dec-2002
Capacity for Litigation
The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the . .
Cited – Bell v Todd 2001
Cited – Russell Mitchell v Ryan Alasia 2005
The court considered whether the claimant, whom the Court of Protection had decided was a patient and in respect of whom a Receiver had been appointed, was and would continue to be one. The court concluded that, in the context of pursuing his claim . .
Cited – Giambrone and others v Sunworld Holidays Ltd CA 18-Feb-2004
Many holidaymakers had suffered gastro-enteritis and sued for compensation. They had sought a sum to reflect the value of gratuitous care.
Held: Save in more serious cases, awards for children suffering gastro-enteritis and cared for by their . .
Cited – The Catholic Child Welfare Society and Others v Various Claimants and The Institute of The Brothers of The Christian Schools and Others SC 21-Nov-2012
Law of vicarious liability is on the move
Former children at the children’s homes had sought damages for sexual and physical abuse. The court heard arguments as to the vicarious liability of the Society for abuse caused by a parish priest visiting the school. The Court of Appeal had found . .
These lists may be incomplete.
Updated: 24 January 2021; Ref: scu.228280