EWJ June 61 2025 web - Flipbook - Page 68
limitation period, however for historical sexual abuse
cases it is 2 years from the date the matter is first reported to the police. This can be at any time after the
child turns 18, so if a victim reported their historic sexual abuse to the police on their 36th birthday, they
would have until the day prior to their 38th birthday
to make an application. If the incident is reported to
the police when the victim is still a child, they would
have until the day before their 20th birthday to make
an application.
sexual abuse of a child. The abuser had one week of
work experience at the school, which was sufficient to
satisfy the 1st stage. However, the grooming had
started after the week had finished, he had no caring
or pastoral responsibilities for the pupils and had no
position of authority over the pupils. At [88] Lady Justice Davies found that these facts did not satisfy the
2nd stage of the wrongful act being closely connected
to what the tortfeasor was authorised to do.
From the above, claims in vicarious liability can be
clearer cut, such as abuse by foster parents or by teachers with clear pastoral responsibilities, but the courts
have been understandably reluctant to lay down
general rules.
The main drawback of the CICA, particularly in cases
of historical sexual abuse, is the tariffs within the CICS
are significantly less than the comparable brackets in
the 17th edition of the JC Guidelines.
Tortfeasor
If a claim cannot be brought via vicarious liability or a
local authority generally in those circumstances, a civil
claim can be brought directly against the tortfeasor
such as in BRS v Gadd [2024] EWHC 1403 (KB).
For example, where the victim of a sexual offence is a
child the maximum total for injuries for a permanent
disabling mental illness along with serious internal injuries is £44,000 with the possibility of an additional
amount in cases of pregnancy and/or sexually transmitted infections. Compared to the current JC Guidelines, the most severe cases can be up to £183,050.
However, this is often the least desirable approach due
to the tortfeasor’s lack of assets, and with many cases
being historic, the abuser may be deceased at the point
a claim is brought.
Whilst this remains a less desirable option due to the
lower tariff amounts, it often has less litigation risk
than proving breach of duty or vicarious liability and
often has a greater chance of receiving an award than
pursuing the abuser directly.
Criminal Injuries Compensation Authority (CICA)
For many, an application with the CICA may be the
most likely option to receive an award in damages.
Author
James Ellis
Barrister at St John's Buildings
Clerk@stjohnsbuildings.co.uk
James was called to the Bar in
2017 and, after a period as a court
advocate with an international law
firm specialising in personal injury,
property and credit hire, completed his pupillage
under personal injury specialist barrister Gareth
Thompson.
The CICA is an agency of the Ministry of Justice responsible for compensating victims of violent crime
within the tariffs set out in the Criminal Injuries Compensation Scheme (CICS). It is important to note that
a conviction for the crime is not necessary for an award
to be made and decisions on injuries, including
whether the injuries were directly caused by the
violent crime, are made to the civil standard.
The limitation period of two years may at first may
seem unfair when compared to the current 3- year
Mr Ernest John Sinar
Consultant Spinal Surgeon/Consultant Neuro Surgeon
MB, ChB, FRCS
Consultant Neurosurgeon Consultant Spinal Surgeon, North of England Spinal Injuries and
Department of Neurosurgery. The James Cook University Hospital, Middlesborough,
Cleveland.
Experienced in all aspects of spinal injury including whiplash, back injury, spinal fractures,
spinal cord injury and degenerative disease. Also extensive experience in the management
of head injury and post traumatic epilepsy.
Extensive Medico-legal experience for Claimants and Defendants.
Also experienced in medical negligence cases and criminal cases.
Contact: Tel: 01572 724 972 Mobile: 07904 777 315
Email: Medipinion@yahoo.com
7 St. Alban's Close, Oakham, Rutland LE15 6EW
Area of work: North East England & East Midlands, Leicestershire,
Nottinghamshire, Derbyshire, Lincolnshire, Yorkshire, Northamptonshire,
Cambridgeshire & Nationwide on request
EXPERT WITNESS JOURNAL
66
JUNE 2025
