A v C and B v C [2018] CSOH 65

http://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2018csoh65.pdf?sfvrsn=0 (15 June 2018, OUTER HOUSE, COURT OF SESSION)

Background: The defender in this personal injury action was convicted of indecent behaviour and sexual assault against A and B.  Both pursuers were subject to a very serious course of abuse by the defender.  A seeks damages from the defender for sexual abuse which he carried out while she was between the ages of 8 and 19, and B seeks damages from the defender for sexual abuse which he carried out while she was between the ages of about 8 and 11.

Held: Upon hearing the evidence from the pursuers and medical statements relating to the impact of the abuse on both women, Lord Doherty agreed that damages should be awarded to both A and B.  Lord Doherty considered similar cases, including JM v Fife Council and EA v GN to calculate the amount that should be granted to each pursuer.

In the case of A, the abuse was significant and sustained over many years. The abuse had an extensive impact on the pursuer's life and she will likely be on antidepressant medication for the rest of her life. She was awarded £167,095.16 including past and future solatium, medical costs and loss of earning capacity.  B had suffered serious abuse but for a shorter duration and frequency than the abuse suffered by A.  B had suffered significant emotional and psychological consequences, but they too have been much less severe than in A’s case. B was awarded £33,006.54 for past and future solatium.


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