Abuse (Claimant)

7BR has a dedicated and highly experienced Claimant Abuse team working across the full range of claims involving sexual, physical and emotional abuse of children and others in positions of vulnerability or victims of those in positions of power or trust.

The team is instructed in claims involving recent and non-recent abuse. We undertake work both in stand-alone cases and in large multi-party actions. We have been instructed in to act against individuals and organisations including:

• Religious and charitable institutions and authorities;
• Local authorities, in respect of abuse in schools, residential homes, and foster care;
• Private schools;
• The scouts;
• NHS trusts
• Private medical institutions and practitioners;
• Government institutions (including detention centres);
• Employers in respect of sexual assault by employees and others in the workplace.

Members of the team also specialise in claims of professional negligence against local authority social care departments where there has been a negligent failure to remove a child (or a delay) from a harmful environment which results in the child suffering harm. We are experienced in dealing with both common law claims and those involving allegations of breach of Articles 3, 6 and 8 of the ECHR.

Chambers has been instructed in some of the largest multi-party actions, including the St Williams Group Action, the Nugent Care Society Group Action and the Manchester Children’s Home No2 Group Action. We are instructed in the ongoing claims of abuse at Medomsley Detention Centre.

We have been involved in complex and ground breaking cases at both first instance and appellant level:

• Catholic Child Welfare Society v CD [2018] EWHC Civ 2342 on limitation in claims involving non recent abuse.
• AB, EF, GH v Catholic Child Welfare Society (2016) High Court multi party litigation involving allegations of abuse at St Williams.
• Various Claimants v Catholic Child Welfare Society and Others [2013] 2 A.C. 1 this notable Supreme Court decision on the scope of vicarious liability, extended liability to non-employees (religious brothers) placed in a children’s home as teachers. The Claimants in the case were represented throughout by members of Chambers.
• Durham County Council v Dunn [2013] 1 WLR 2305 in which the Court of Appeal gave important guidance on the principles to be applied to the disclosure of social services records in civil claims.
• AB v Nugent Care Society [2010] EWCH 1005: The trials in three claims in the Nugent Care Society Group following the Court of Appeals decision on limitation in the Nugent Care Group Society.
• A v Hoare [2008] 1 A.C. 844: The ground-breaking decision of the House of Lords on limitation in claims involving allegations of abuse, and the correct approach to exercising the in section 33 of the Limitation Act 1980 in respect of those claims brought outside the Limitation period.

Our expertise is reflected in the involvement of our members in the ongoing Independent Inquiry into Sexual Abuse where we are instructed on behalf of victims in strands dealing with the Roman Catholic and the Anglican Church. Recent cases involving members of chambers include one that was adapted for stage and the conclusion of a large number of claims alleging abuse by a former head master at the St Anne’s School. Members of chambers have been appointed to the Independent Appeals Panel of the Lambeth Children’s Home Redress Scheme.

We hold seminars and give talks on matters of topical interest. We have a wealth of experience in this field and are able to use our advocacy skills as well as a sensitive approach to vulnerable clients, in order to obtain successful outcomes in settled and contested cases.