0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Child abuse cases – are general damages really going up?

5 November 2012

A claimant has recovered £193,543 against her convicted grandfather for serious sexual abuse in the as yet unreported case of GLB v TH ( 31.10.12)

The claimant alleged that sexual abuse took place between the ages of 10 and 16. Although there was a continuing effect the claimant was able to work, and with treatment the prognosis was good. In that context, the award seems high and might alarm defendants and their insurers.

She was awarded £67,500 for Pain Suffering and Loss of Amenity . Even given the extreme breach of trust, the length of time the abuse took place and the nature of the abuse, this is a lot. The JSB guidelines suggest general damages for cases of this nature range from £13,650 to £39,150

The judgment needs taking seriously by industries that might face similar claims, and their insurers, but also with a pinch of salt . After all, the Defendant Grandfather took no part in the litigation and was unrepresented at the assessment of damages hearing.

Related opinions

Flexible working, childcare and indirect sex discrimination – important reminder

The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).

View blog

Insolvency applicants: getting the basics right

A number of interesting developments have emerged from what was quite a run-of-the-mill insolvency application brought by a litigation funder assignee.

View blog

School not liable for reckless actions of a student

The decision reinforces that the standard of the duty of care owed by schools is one or reasonableness.

View blog

Moratoriums

The new Part A1 moratorium was introduced partly in response to the Covid-19 pandemic and its impact on businesses. The moratorium is not intended to be used to simply delay the inevitable insolvency of a company, but rather to allow breathing space for that company to restructure and/or achieve an effective rescue.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up