BDA v Quirino

In assessing damages for prolonged sexual abuse, psychiatric injury, mental distress and aggravated damages should be identified separately where their features can properly be distinguished. Psychiatric injury should be assessed by reference to its tangible consequences, including prognosis, treatment and future vulnerability. Injury to feelings may be assessed by reference to the Vento v Chief Constable of West Yorkshire Police bands. Where disrupted education makes career loss inherently uncertain, a broad-brush assessment is appropriate. Aggravated damages are compensatory, not punitive.

The claimant sought damages from her former karate instructor for the consequences of systematic sexual abuse during her teenage years. Liability had previously been established by interlocutory default judgment, and the court proceeded to assess damages.

The issues included psychiatric injury, mental distress and injury to feelings, aggravated damages, loss of earnings, handicap on the labour market, treatment costs and related expenses.

1. Psychiatric injury. The abuse caused depressive illness and post-traumatic anxiety symptoms, including psychosexual difficulties. PSLA was assessed at £30,000.
2. Mental distress and injury to feelings. A separate award was available for injury to feelings falling short of a tangible psychiatric disorder. The Vento v Chief Constable of West Yorkshire Police bands were appropriately used by analogy. The award was £16,000.
3. Aggravated damages. A separate award was justified for identifiable heightened humiliation or distress attributable to the defendant’s conduct. Such damages were compensatory rather than punitive. The award was £9,000.
4. Loss of earnings. Because the abuse disrupted education before settled career choices had been made, a precise calculation was inappropriate. Applying the broad-brush approach in Blamire v South Cumbria Health Authority, the court awarded £75,000 for past and future loss of earnings. A further £30,000 was awarded for handicap on the labour market.
5. The court awarded £12,553 for treatment, travel, prescription costs, interest and future expenses. General damages totalled £55,000.

Liability had previously been established by interlocutory default judgment. Master McCloud refused to set aside that judgment in April 2015. This judgment concerned assessment of damages.