BBK Secure Key Judgment in Child Abuse Compensation Claim
November 26, 2010
BJM v Nathan Eyre and others – 12th November 2010
[2010] EWHC 2856 (QB)
Mrs Justice Swift handed down her judgment in the case of BJM v Nathan Eyre and others earlier this month, in what is one of the most shocking and horrific cases of child abuse ever to be reported.
On 1 November 2010, a trial of damages took place at the Leeds High Court. Judgment had already been entered against the four Defendants, all of whom were abusers in person. Liability was therefore not in dispute.
In a key decision, Mrs Justice Swift examined the application of aggravated damages and the more unusual claim for expenditure on alcohol, over and above that which would have been incurred in any event.
The Abuse
Jonathan Wheeler of Bolt Burdon Kemp represented the Claimant, BJM, whose identity is protected.
Between 2001 – 2003, the Claimant who was then aged 12 – 14 years was befriended by the First Defendant, a local man, and groomed for sex. The First Defendant, worked as a male prostitute and also hired out a number of boys as ‘clients’ for the purposes of sexual activity.
The First Defendant singled out the Claimant for special favours and purported to act as a mentor for him. In fact, he was engaged in the process of “grooming” the Claimant for the purpose of sexual abuse. Over time, the Claimant began to visit the First Defendant on a daily basis. The First Defendant encouraged the Claimant to truant and he provided the school with notes, which he pretended were from his parents, authorising his absence.
There then began a campaign of sexual abuse of the Claimant. The First Defendant brought a series of adult men to his flat for the purpose of using the Claimant for their sexual gratification. In turn the First Defendant received payment for the Claimant’s services. The Claimant was required to submit to a range of sexual activity, some of which involved anal sex. Some clients were heedless to the pain they inflicted upon the Claimant, pain he sought to mask by administering alcohol and drugs provided by the First Defendant.
On 24 October 2003, the client, was tricked and ‘sold’ by the First Defendant to the Second Defendant, Raymond Hawthorne, for the sum of £500 for the purpose of providing sexual services to the clients of the Second Defendant. Over the course of the next seven days the Claimant was required by the Second Defendant to perform a variety of sexual services for his clients. As a consequence of threats made to him the Claimant felt that he had no choice but to obey the Second Defendant’s orders and subject himself to the painful, degrading and repeated sexual abuse by the clients. The Third and Fourth Defendants were two such clients of the Second Defendant, who abused the Claimant.
On 31 October 2003, the police found the Claimant and the four Defendants were subsequently charged with a large number of criminal offences arising from the events. The Defendants pleaded guilty to the offences shortly before the criminal trial.