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High Court rejects application directing that the Plaintiff, the second- and the 46th-named Defendants meet to mediate in an action for personal injuries arising from alleged sexual abuse of the Plaintiff while at school, in which 120 defendants of a religious order are claimed to be negligently and vicariously liable, on the grounds that there was significant rancour between the parties, and no reasonable prospect that mediation would succeed, and the plea of vicarious liability for trespass to the person prevents the order being made.
Personal injuries action arising from alleged sexual assault at a school – 121 defendants – all defendants bar first alleged to be liable in negligence and vicariously liable for the trespass to the person – application for direction for mediation – s. 15 (b) Civil Liability and Courts Act 2004 – whether any reasonably prospect of success of mediation – whether action as against 2nd and 46th was an action for trespass to the person or for negligence – not prospect of success for mediation – action was for vicarious liability for trespass to person and so not suitable for order – order refused.
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