It is understood that this is the first, or one of the first, assessments of general damages under the newly published 18th Edition of the Judicial College Guidelines, Chapter 4 (C) for claims arising from sexual abuse.
Megan was instructed by Dino Nocivelli and Shaimaa Al-Mukhtar of Leigh Day’s abuse team. They represented the Claimant in her claim arising from serious historic sexual abuse in her childhood which caused her to suffer psychiatric injuries including CPTSD for several decades (ongoing) and consequential losses.
During the course of the litigation, Megan assisted the Claimant in achieving interim payments and the listing of an assessment of damages hearing to reduce the length of the proceedings and at which the Claimant was not required to attend to give oral evidence. The Defendant did not attend and was not represented.
On the assessment of damages, the Master accepted that the Claimant fell under Chapter 4 (C) (a) of the 18th Edition of the Guidelines. This is the highest bracket available under Chapter 4 (C) and spans £129,920 to £197,440.
General damages were assessed in the sum of £160,000. Applying the narrative to the Guidelines, the Master specified that if the award was broken down it comprised £25,000 for Injury to Feelings / Aggravated Damages and £135,000 for the psychiatric injury itself.
The award is a useful reference in psychiatric injury claims arising from sexual abuse, in which the elements of general damages are not always broken down and by applying the latest edition of the Guidelines. It is expected to be published in the quantum law reports in due course.
The total award for damages exceeded the Claimant’s Part 36 offer and the ordinary costs consequences of beating the offer were applied.
Megan accepts instructions in a variety of personal injury settings, including but not limited to claims arising from sexual abuse. For more details please see her website profile and contact the clerks.
