Jurisdiction(s):
United Kingdom

AB v Chethams School: s33 LA 1980 disapplication where evidence cogent; dual vicarious liability for off-premises teacher-guardian sexual assaults (England and Wales)

Published on: 07 June 2021

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

AB v Chethams School of Music [2021] EWHC 1419 (QB) What are the practical implications of this case?

The decision provides a clear illustration of the courts’ approach to applications under section 33 of the Limitation Act 1980 (LA 1980) in sexual abuse claims. It emphasises that the persuasiveness of the evidence is the key consideration, even where a lengthy delay is understandable. Where substantial time has passed between the abuse and the issue of proceedings, practitioners should concentrate on the credibility and consistency of the claimant’s testimony. The judgment also contributes to the now well-established jurisprudence on the vicarious liability of educational institutions for sexual assaults by teachers and other staff. Many of the incidents occurred away from the school and while the perpetrator was acting as the claimant’s guardian rather than in a teaching capacity. Drawing on A v Hoare [2006] EWCA Civ 395 and Haringey LBC v FZO [2020] EWCA Civ 180, the judge held that vicarious liability was not excluded in those circumstances. In reaching that conclusion, the...

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