An interlocutory decision granting leave to proceed under the Felons (Civil Proceedings) Act 1981 does not create an issue estoppel on the limitation question, even where the judge's reasons address the limitation issue, because such a finding is not legally indispensable to the grant of leave. A consensual sexual relationship between a teacher and an adult student constitutes 'other sexual misconduct' within s 3B(1)(a) of the Civil Liability Act 2002, excluding the claim from the Act's limitations on damages. The enterprise of teaching at a special care school, even involving emotional engagement with vulnerable students, does not create a sufficient nexus with the risk of sexual misconduct to ground vicarious liability.
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