BRS v Paul Francis Gadd
[2024] EWHC 1403 (KB)
GKE v Brett Nigel Travers Gunning
17 February 2023
[2023] EWHC 332 (KB)
High Court
A client accused her counsellor of making her undress and masturbate during a session. The judge believed the client and said the counsellor was negligent. The judge didn't think the counsellor meant to hurt her, so they only got money for the pain and suffering, not extra money for being mean.
Key Facts
- •The Claimant received work/life coaching and then private counselling from the Defendant.
- •The Defendant was a BACP-accredited counsellor.
- •The Claimant alleges sexual abuse during counselling sessions, including requests to undress and masturbate.
- •The main factual issues relate to three therapy sessions in April 2018.
- •The claim is for damages for verbal sexual abuse and aggravated damages for intentional infliction of harm.
- •The Defendant's insurers withdrew his insurance after BACP findings.
- •An anonymity order protects the Claimant's identity.
- •The Defendant denied the allegations and the BACP panel found in favour of the Claimant on most allegations.
Legal Principles
Duty of care
Donoghue v Stevenson [1932] A.C. 562, Parkinson v St James NHS Trust [2001] EWCA Civ 530, Page v Smith [1996] A.C. 155
Standard of care for a counsellor
Bolam v Frien Hospital [1957] 1 WLR 582, Bolitho v City and Hackney HA [1998] AC 232, FB v Princess Alexander Hospital NHS Trust [2017] EWCA Civ 334
Intentionally causing harm by words (IHW)
Wilkinson v Downton [1897] 2 QB 57, Wainwright v Home Office [2003] UKHL 53, Wong v Parkside [2001] EWCA Civ 1721, O (a child) v Rhodes [2015] AC 2019, C v WH [2015] EWHC 2687
Aggravated damages
Rookes v Barnard [1964] AC 1129, Broome v Cassell & Co [1972] AC 1027, AT v Dulghieru [2009] EWHC 225, Richardson v Howie [2004] EWCA Civ 1127, Choudhary v Martins [2008] 1 W.L.R.
Similar fact evidence
Civil Evidence Act 1995, O’Brien v Chief Constable of South Wales [2005] UKHL 26, JP Morgan v Springwell [2005] EWCA Civ 1602
Outcomes
Claim for damages for personal injury due to negligence upheld.
The Defendant breached his duty of care by asking the Claimant to undress and masturbate during a session, actions that a reasonable counsellor would not have taken and were foreseeable to cause harm.
Claim for aggravated damages dismissed.
The Claimant failed to prove the Defendant's intention to cause harm, a necessary element for the tort of intentionally causing harm by words. While the Defendant's actions were reckless, recklessness is insufficient.
Damages awarded: £10,000 for pain, suffering, and loss of amenity; £774 for past counselling; £1,320 for BACP hearing costs; plus interest.
Based on the severity of the exacerbation of pre-existing conditions and injury to feelings, considering comparable cases and expert testimony.