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YXA (by the O/S) (claimant/appellant) v Wolverhampton City Council (defendant/respondent)



Published
Tuesday 10 – Wednesday 11 May 2022

(1) YXA (by the O/S) (claimant/appellant) v Wolverhampton City Council (defendant/respondent)
(2) HXA (claimant/appellant) v Surrey County Council (defendant/respondent)

Before Lord Justice Baker
Lord Justice Lewis
Lady Justice Elisabeth Laing

Both cases were heard together below.

(1) YXA – The Claimant YXA appeals paragraphs 1 and 2 of the order of Mrs J Stacey dated 8 November 2021 in the Queen’s Bench Division, dismissing YXA’s appeal from the order of Master Dagnall dated June 30th 2021, and making a consequential costs order.

Master Dagnall struck out parts of the claim.

Case concerns proceedings, including a claim in the tort of negligence, against the local authority for damages for psychiatric and other injuries caused to the Claimant as a result of alleged abuse while living with his family.

The central issue is whether the Defendant local authority owed a duty of care to keep the Claimant safe from the foreseeable risk of injury from his family.

(2) HXA – The Claimant HXA appeals the order of Mrs J Stacey dated 8 November 2021, dismissing HXA’s appeal from the order of Deputy Master Bagot, dated 15 February 2021, and making a consequential costs order.

Deputy Master Bagot struck out parts of the claim.

Case concerns proceedings, including a claim in the tort of negligence, against the local authority for damages for psychiatric and other injuries caused to the Claimant (HXA) as a result of alleged abuse by her mother and her mother’s partner.

The central issue is whether the Defendant/Respondent local authority owed a duty of care to keep the Claimant safe from the foreseeable risk of injury from her family.
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