Recent abuse cases offer further guidance
There have been three recent cases involving abuse matters that provide further guidance on how the courts are addressing some key liability, damages and limitation issues.
These issues include:
- the need for specific evidence about the level of impact of limitation periods in considering applications to set aside settlements in institutional abuse matters
- the importance of clearly articulated causes of action in pleadings
- the way damages are assessed when there is both physical and sexual assault, and
- the court’s willingness to make global assessments of economic loss, even when there is little documentary evidence.
Sean O’Connor, Paul Spezza, Renae Hamilton, Cassandra Wills, Robert Head, Alex Robinson and Byrce Stevens provide a summary of these cases and their importance to institutions and their insurers in this update.
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