Archive for compensation
BBC North East report that A former Cleveland Police officer who was wrongfully sent to prison has been awarded almost £400,000 after an 18-year legal fight.
Former traffic officer Sultan Alam, 48, was jailed for 18 months in 1996 for conspiracy to steal car parts, but was cleared by the Court of Appeal in 2007.
Cleveland Police had admitted the malicious prosecution of Mr Alam, at Leeds County Court.
Judge Andrew Keyser QC said the force had tried to “destroy” his reputation.
Cleveland Police said it was “pleased” with the outcome.
As well as damages, Mr Alam will also receive compensation for loss of earnings ...
Full Story
Hospitals are being instructed to remove advertisements for personal injury lawyers featured in NHS leaflets issued to patients, it has emerged.
The adverts, which encourage “no win, no fee” compensation claims, have been banned by the Department of Health yet some trusts are continuing to allow them as a means of boosting revenue.
Some hospitals are paid up to £85,000 a year to feature the promotions while others are offered donations of equipment or uniforms. They appear on official leaflets that provide information to patients on conditions from backache to advice on treating wounds.
Simon Burns, the Health Minister, told The Times he ...
Full Story
The BBC have reported that adults with learning disabilities at the centre of a care abuse case in Cornwall will receive about £8m in compensation.
The High Court made the decision after 165 former residents of Falmouth’s Budock Hospital claimed compensation for failings including physical abuse.
The claim was brought against the former Cornwall Partnership NHS Trust.
The current Cornwall Partnership NHS Foundation Trust said the money would help towards “putting things right”.
Physical assault
The allegations included physical assault, emotional and verbal abuse and a failure to provide adequate programmes of care and assessment.
Solicitors who represented many of the families involved said the case ...
Full Story
Eight national newspapers have made public apologies today to Christopher Jefferies for the libellous allegations made against him following the murder of Joanna Yeates.
These include
The Sun
Daily Mirror
Sunday Mirror
Daily Record
Daily Mail
Daily Star
The Scotsman
Daily Express
They have also agreed to pay him substantial libel damages, thought to total six figures.
The solicitor for Mr Jefferies, Louis Charalambous, told Mr Justice Tugendhat in the high court hearing that the newspapers had acknowledged the falsity of the allegations, which were published in more than 40 articles.
Full story
The Guardian, 29th July 2011
Source: www.guardian.co.uk
Full Story
The Supreme Court have handed down their judgement (here) in the case of three men who claimed compensation for being wrongly convicted.
By a narrow majority, the judges held that a miscarriage of justice occurs “when a new or newly discovered fact shows conclusively that the evidence against a defendant has been so undermined that no conviction could possibly be based upon it”.
The supreme court panel said: “A claimant for compensation will not need to prove that he was innocent of the crime but he will have to show that, on the basis of the facts as they are now known, ...
Full Story
The first major overhaul of the civil justice system in 15 years and reform of controversial ‘no win no fee’ deals were announced by Justice Secretary Kenneth Clarke today. The proposals, which have been launched for public consultation, aim to modernise the civil justice system and make it simpler, quicker, cheaper and more effective.
29 March 2011
Mr Clarke said: ‘An effective system of civil justice is one of the cornerstones of a civilised society. Without it businesses couldn’t trade, individuals couldn’t protect their liberties, and government couldn’t be held to account.
‘But with no major ...
Full Story
Thursday 11 November 2010 by James Dean
A no win, no fee website set up to farm former coal miners’ undersettlement claims is being investigated by the government claims regulator, the Gazette has learned.
The Ministry of Justice is investigating justiceforminers.org.uk after Kevan Jones, Labour MP for North Durham, complained to the claims management regulator.
The Gazette has also uncovered evidence that the site, currently run by claims firm Oracle Legal, has ties to Zuko Legal, the claims company that found itself in the spotlight after it sold 19,000 miners’ cases to Yorkshire firm Raleys ...
Full Story
A social worker worker is suing his former bosses for £100,000 claiming he was smeared by cover-up allegations at a secure unit for troubled kids.
Andrew Walker, 64, worked at Kerelaw Residential Unit in Stevenson, Ayrshire, which was shut in 2006 following a police probe.
Two workers were jailed for abusing kids while a three-year investigation by operators Glasgow City Council found 40 staff abused kids and others failed to stop it.
Walker was Kerelaw assistant manager for 11 years and is now a social worker with Western Isles Council.
He said: “I have worked now for over 40 years as a social worker ...
Full Story
Our attention has been drawn to a very useful article written by Dai Durbridge , a solicitor working for Browne Jacobson, who specialise in defending compensation cases made against local authorities. Mr Durbridge is an safeguarding specialist. The article which appears on the Teaching Expertise website begins…
As the government prepares to introduce new guidance on the use of force, Dai Durbridge examines current problems for school staff in interpreting the law
The legal safety net designed to protect teachers and other school staff when using force against pupils has been brought out for ...
Full Story
This case in the Court of Appeal Civil Division concerns some 150 or more claimants, who were previously resident at Catholic Children’s homes in the North East, proceeding by way of a group litigation order. There were at least 35 defendants.
The issue considered by the Court of Appeal was to what extent were the different parties vicariously liable for the abuse that occurred.
In summary the Court said we have thus been concerned with the potential liability of two groups of defendants.
Those said to be responsible as managers of the school from 1973 until its closure in 1992. ...
Full Story
Lord Young, the Prime Minister’s adviser on health and safety law and practice, has today published his report Common Sense, Common Safety.The report follows a Whitehall-wide review of the operation of health and safety laws and the growth of the compensation culture.
Read the full report [pdf, 688 kb]
The PM and the Cabinet have accepted all of the recommendations put forward by Lord Young, who will continue to work across departments to ensure his recommendations are carried through.
Common Sense, Common Safety puts forward a series of policies for improving the perception of health and safety, to ensure it ...
Full Story
People who are dissatisfied with the service they have received from their lawyer can now complain to a legal ombudsman.
The ombudsman can compel all regulated lawyers to comply with its investigations, and has the power to impose penalties ranging from apologising to a client, through to paying up to £30,000 compensation.
The Ombudsman will have formal powers to resolve complaints about lawyers.
Further details here
Note: We understand that the Government now intend to abolish this office.
Full Story
According to an article in the the Guardian Sir Paul Stephenson, the commissioner of the Metropolitan police, has privately lobbied the home secretary to make it harder for people to take legal action against his force, the Guardian has learned.
Critics say the plans amount to an attempt by the police to put themselves beyond the rule of law and undermine constitutional safeguards against abuses of power. The Met’s chief says money is being wasted on speculative claims, with lawyers gaining large fees that would be better spent fighting crime.
The proposals are contained in appendices ...
Full Story
A review of health and safety laws by a Tory peer is understood to recommend that the activities of personal injury and negligence lawyers should be curbed.
The recommendation is one of 40 in a review of health and safety legislation by Lord Young of Graffham, a former trade secretary in Margaret Thatcher’s Government.
He is understood to recommend that the Government takes forward recommendations from an earlier review by an appeal court judge which suggested ways to crack down on no win no fee lawyers.
In ...
Full Story
A fraudster was jailed today for trying to claim compensation from a number of local councils for injuries he had never suffered.
Nathan Williams said he had tripped and fallen on the pavement in streets across eight London boroughs.
Prosecutors estimated that if his claims had been successful they would have netted him more than £20,000 – and would have cost the local authorities more than £100,000.
Williams claimed he had suffered injuries in Greenwich, Hackney, Haringey, Lewisham, Westminster, Wandsworth, Tower Hamlets and Southwark between 2007 and 2008.
The 38-year-old used the fictional accidents to make a ...
Full Story
The following clip relating to Canada appears on the Ontario Globe and Mail website
The Ontario government has announced long-awaited compensation for victims of the province’s forensic pathology scandal.
People who were charged or convicted in 19 cases based on erroneous evidence from disgraced pathologist Charles Smith will be eligible for “recognition” payments of up to $250,000, Attorney General Chris Bentley announced Tuesday.
“We are undertaking this approach because it’s the right thing to do,” Mr. Bentley told reporters.
Children who were removed from the homes of their accused parents will get up to $25,000. Family members affected by their ...
Full Story
A chef was yesterday ordered to pay £10,000 in damages to a former friend he falsely accused of being a paedophile on Facebook.
Jeremiah Barber posted an indecent image of children on Raymond Bryce’s page on the social networking website along with the comment: ‘Ray, you like kids and you are gay so I bet you love this picture, Ha ha’.
The image, which hundreds of users could see, showed Mr Bryce superimposed on to a collage of pornographic pictures
Jeremiah Barber, left, posted images of child porn on Raymond Bryce’s Facebook page and wrote ‘you like kids ...
Full Story
Victims of child abuse at three children’s homes in Manchester will receive compensation from the city council, it has confirmed.
Manchester City Council is to settle the claims of 163 people who were sexually and physically abused at three homes from the 1950s to the 1990s.
It comes after 168 other victims were awarded a total of £2.26m in 2007.
Police investigated 66 children’s homes in Greater Manchester from 1997 to 2002, and prosecuted several people.
The victims say they were abused at Rosehill in Northenden, Broome House in Didsbury, and Mobberley Boys School in Knutsford, run by the council’s ...
Full Story
Beyond Reasonable Doubt - By George A Jensen, from Inside Time (March 2007)
George A Jensen, Chairman of the North Wales branch of FACT (Falsely Accused Carers and Teachers) highlights the highly emotional and contentious issue of child abuse.
” AN article in the December issue of Inside Time by solicitor Peter Garsden caught my eye. I am not in the compensation culture class, I am on the other side of the fence in that I am concerned to assist the unfortunate men who, having given many years of patient care to those less fortunate than ...
Full Story
Peter Garsden asks whether solicitors should be allowed to advertise for historic child abuse cases
In the February issue of Inside Time there was an extract from the Sunday Times complaining about solicitors advertising for childhood abuse claims to prisoners, and opposite it an article from a convicted sex offender called Chris Denning, in which he stated that in English Law there is no time limit in child abuse cases, which put certain elderly men in constant fear of arrest. As my firm was one of those quoted in the Sunday Times, I thought I should respond to both points so ...
Full Story
Falsely accused caterer begins battle to get back his life and cash
Monday, March 08, 2010, 07:30
A woman who falsely accused a Derbyshire man of rape after taking £71,500 of his cash has been ordered to pay back the entire amount.
David Wilson, 45, spent seven months in custody on remand when he was charged with several crimes, including rape, after allegations were made against him.
But four days before he was due to appear in court, he was told by police that new information had come to light and he was free to go.
Mr ...
Full Story
A potentially ground-breaking judgement [in the Civil Court] has been made that should help social services departments defend themselves against past child abuse claims.
For the first time, a judge has barred a claim on the grounds that a fair trial could not be held because the case was brought so long after the events complained of.
In a case involving Wirral Council the claimant alleged abuse by her mother and step-father and that the local authority had failed to protect her from the abuse by failing to take her into care.
Kathy Perrin, ...
Full Story
A sex abuse victim has been jailed for six years for blackmailing the man who abused him.
Mark Phillips, 41, admitted extorting more than £200,000 during a three-year campaign against the wealthy pensioner.
Exeter Crown Court heard Phillips, from Meeth in Devon, wanted revenge against and control over the 70-year-old man, who first abused him at the age of 13.
The abuser, who cannot be named because of a court order, was interviewed by police and given a caution.
In court it was claimed “mutual” sexual activity took place between Philips and the man in the early to mid 1980s.
The abuser, who was married ...
Full Story
One of Scotland’s biggest charities which cares for vulnerable children has threatened its 2,000 staff with redundancy, according to a trade union.
Unison claimed that Quarriers had told workers they would be dismissed and re-hired on new contracts if they did not agree to pay changes.
The charity had been negotiating with unions about changes to staff conditions since May.
Quarriers said all contracts would only be terminated as a “last resort”.
Unison said the redundancy threat was issued in a letter on Friday.
The union said the charity’s management wanted to cut staff night shift payments and payments for public holidays.
Our members work very ...
Full Story
A man cleared of rape after serving two years in jail has renewed a bid for £300,000 in damages from his accuser.
Tony Hunt, 66, from Dorset, was jailed for four years in 2003 but had his conviction quashed on appeal in 2005.
Mr Hunt, who says sex was consensual, had his civil action blocked by the High Court last year when a judge ruled the woman was not his prosecutor.
But the case, thought to be the first of its kind in the UK, is being heard by three civil appeal judges.
Majority verdict
His lawyer told the judges on Wednesday that his client ...
Full Story
