Sexual Abuse Claims and the Judicial College Guidelines: AXB v Hossam Metwally [2023] EWHC 2470 (KB) - Amy Lanham Coles, Temple Garden Chambers
30/10/23. This decision comprised a damages assessment for misuse of private and intimate information – a new frontier for personal injury litigation in this digital age. It is a rare case on the assessment of general damages in cases involving sexual offences, of particular interest in light of the relatively new section of the Judicial College Guidelines (JCGs) on Sexual and/or Physical Abuse.
Background
The Defendant, a doctor, had treated the Claimant at his pain clinic when she was 18-19 years old. During treatment sessions, he had covertly recorded the Claimant undressed and had retained these recordings for his sexual gratification. The Claimant became aware of this several years later in 2020 when the Defendant was criminally prosecuted and convicted. Whilst in prison, the Defendant had failed to engage substantively with the civil proceedings for misuse of private information and judgment was entered against him when he failed to acknowledge service of the claim form, with only damages left to be determined.
Medical Evidence
The Claimant gave evidence that she found it difficult to leave the house and socialise; she found it difficult to trust medical professionals; she worked exclusively from home and she experienced flashbacks and physical manifestations of anxiety (paragraphs 23 & 24). The Claimant’s medical expert report was not challenged and was accepted by Steyn J. She accepted that the...
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