In (1) LXA (2) BXL v (1) Cynthia Willcox (as personal representative of the estate of Edward Willcox, deceased) (2) Cynthia Willcox (2018), Justin Levinson was instructed by Joseph Carr of Bolt Burdon Kemp for the claimants.
The claimants sought damages for personal injuries and other losses against their adoptive parents, the defendants. They were adopted in the early 1970s and suffered abuse for much of their childhoods. In 2015, the first defendant was found guilty of child abuse, child cruelty and indecency with a male child, although he was acquitted of rape against the second claimant. Both defendants were found guilty of child cruelty and the claimants instantly brought proceedings against them. The first defendant died in 2017 so the claim continued against his estate, represented by the second defendant.
The court disapplied the limitation period and found the abuse proved, including the rape for which the first defendant had been acquitted in the crown court.
Each claimant was entitled to general damages for pain, suffering and loss of amenity, with an element reflecting the aggravated features of the assaults. The first claimant was awarded £115,040 for general damages, loss of earnings, and the cost of cognitive behavioural therapy sessions. The second claimant was awarded £186,011.08 for general damages, loss of past and future earnings, the cost of cognitive behavioural therapy sessions, and past and future prescription costs.
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