Civil Justice for Victims of Crime in England and Wales

Size: px
Start display at page:

Download "Civil Justice for Victims of Crime in England and Wales"

Transcription

1 This booklet was published with the generous support of Warren Collins Birmingham, Bristol, Cardiff, Newcastle, Lancaster, Leeds, London, Manchester, Sheffield and Wimbledon. Telephone: Ann Olivarius London, England Telephone: For referrals to an attorney or more information, please call the National Crime Victim Bar Association at Civil Justice for Victims of Crime in England and Wales 2000 M Street, NW, Suite 480 Washington, DC an affiliate of: 2013 National Center for Victims of Crime Printing 05/13, 9M CIVIL JUSTICE FOR VICTIMS OF CRIME IN ENGLAND AND WALES C1

2 Civil Justice for Victims of Crime in England and Wales The National Crime Victim Bar Association 2000 M Street, NW, Suite 480 Washington, DC (202) Table of Contents I. The English Jurisdiction... 2 II. Comparing Civil and Criminal Justice in England and Wales... 2 III. State compensation from the Criminal Injuries Compensation Authority... 4 IV. Child Abuse Claims... 4 V. Why file a Civil Claim... 5 VI. Parties in a civil suit... 6 VII. Time limits... 6 VIII. Types of civil claims... 6 IX. Victim Privacy... 6 X. Issuing and serving a civil claim... 7 XI. Disclosure, witness statements and expert evidence... 7 XII. Settlement, mediation and trial... 7 XIII. Damages in civil claims... 8 XIV. Funding of civil claims in the English jurisdiction... 8 XV. About lawyers... 8 The National Crime Victim Bar Association is an affiliate of the National Center for Victims of Crime, a 501(c)(3) not-for-profit corporation. DISCLAIMER The information contained in this booklet is not provided for the purposes of rendering legal advice or authority. The National Center for Victims of Crime and the National Crime Victim Bar Association specifically disclaim any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this publication National Center for Victims of Crime C2 CIVIL JUSTICE FOR VICTIMS OF CRIME IN ENGLAND AND WALES 1

3 I. The English Jurisdiction The geography of the UK can seem confusing. The UK is made up of Great Britain and Northern Ireland. Great Britain is made up of 3 different countries: England, Wales and Scotland. England and Wales share a legal system which differs from the separate legal systems of Scotland and Northern Ireland. To add further potential confusion, some of the islands off the coast of Great Britain (such as the Channel Islands and the Isle of Man) are part of the British Isles but they also have separate legal systems. This guide solely relates to the law in the jurisdiction of England and Wales. England s history, architecture, Royal Family, sports and the arts means that there are many foreign visitors each year. In 2011 (the year before the London Olympics), some 2.8 million Americans visited the UK. Some are inevitably the victims of crime. This booklet will guide you through some of the basic legal principles. II. Comparing Civil and Criminal Justice in England and Wales While it is possible to bring private prosecutions of criminal matters in England and Wales, this is rare. Generally, decisions to prosecute crimes are made by the Crown Prosecution Service who act on evidence obtained by the police on behalf of the Crown. In civil claims, it will be the victim that controls essential decisions shaping the case. It is the victim who decides to sue, accept a settlement offer, or go to trial. The Criminal Justice System If an arrest has been made and charges have been filed, the offender may be prosecuted. The crime is considered a crime against the Crown and the victim is essentially a witness for the prosecution. The police will, where serious crime is involved, provide a family liaison officer who will offer support and guidance to the victim but the prosecutor still primarily represents the interests of the Crown, not the victim. Further support may be available from Victim Support a UK based charity which provides support for victims and witnesses of crime. For more information, contact Victim Support at or call their support line on All criminal cases start in the Magistrates Court. Less serious crimes such as motoring offenses or minor assault cases are heard fully in the Magistrates Court where there is no general entitlement to a jury. More serious crimes such as murder, rape and serious assault are dealt with in the Crown Court where they are heard by a judge and jury. It is open to the Court to impose restitution by way of a Compensation Order. The awards made in the magistrates court are currently up to 5,000 per charge for certain offenses. Victims of violent crime in the UK can also apply to the Criminal Injuries Compensation Authority ( CICA ) for compensation. Please see below for further information. The Civil Justice System The civil justice system does not attempt to determine the innocence or guilt of an offender, nor to put an offender in prison. Rather, civil courts attempt to determine whether an offender or third party is liable to compensate victims for the injuries sustained as a result of crime. Civil Claims in England and Wales are generally brought in the County Court for lower value claims or the High Court for higher value claims. There is no jury in either court and awards of punitive damages are rare. There are other differences from civil cases brought in the USA: claims in England and Wales arising out of inadequate security of shops, hotels and parking lots and for bars serving liquor to intoxicated customers are possible but are rare in this relatively under-developed area of the law. England and Wales has a split legal profession. Members of the public seeking legal advice and represention will, in most cases, initially engage a solicitor. Solicitors are responsible for investigating the case and developing a case strategy. If the matter proceeds to a full trial, the solicitor will usually instruct a barrister (who is a specialist advocate) to undertake the trial advocacy and draft some of the court documents. Solicitors remain the point of contact for clients and witnesses, and continue in their role of developing the case for trial and taking strategic decisions with the barrister. Until relatively recently, barristers were not permitted to accept instructions directly from members of the public. Nowadays, however, some barristers can take instructions directly if they have registered with the Bar Council as Public Access practitioners. 2 THE NATIONAL CRIME VICTIM BAR ASSOCIATION CIVIL JUSTICE FOR VICTIMS OF CRIME IN ENGLAND AND WALES 3

4 Burden of Proof Civil cases, and cases brought to the CICA, must be proved on the balance of probabilities, i.e., that it is more likely than not that the defendant committed the alleged wrong. This standard is far lower than the beyond reasonable doubt threshold which needs to be proved in criminal cases. Therefore, it is possible to succeed in a civil claim where either the Crown has decided not to prosecute a criminal matter, or the Defendant has been found not guilty of the offence charged. III. State compensation from the Criminal Injuries Compensation Authority Victims of crimes of violence (even if the perpetrator is not caught or charged), may apply to the CICA, a government organisation, for an award of compensation that is assessed by reference to a tariff. In addition, applicants can seek loss of earnings and other special damages, however the maximum award that can be made is 500,000. Generally, applications must be filed within two years of the alleged crime. The CICA may refuse any award if there is evidence that the applicant has a criminal record, failed to report the matter to the police, failed to co-operate with the police or is found to have provoked the attack in any way. Unlike civil claims, legal fees and costs are not recoverable in CICA claims. IV. Child abuse claims If a child is being abused, the first step is always to call the police. Even if the abuse took place many years ago and the abuser may have since passed away: calling the police is vital. The police may know of others who have been abused by that person, or if any other reports have been filed. It is probable that if the abuser is still living, the police may want to prosecute. Criminal prosecution When a report of abuse is made to the police, the police will construct a statement of what has occurred from the information provided. This is intended to be a thorough and fulsome account of the abuse and associated events, and so can take some hours to complete. It is very important that it is accurate as it may be used in court later. The police will advise a victim as to whether or not they will be able to prosecute for the crimes reported. Civil proceedings During, or following any investigation and potential trial undertaken by the police, a survivor may have the opportunity to bring a civil claim for compensation. They will generally need to go through the facts in their claim with a solicitor s firm to assess whether or not it would be possible to pursue a successful claim. Not all cases where a child has been abused will translate into a successful civil claim, but the majority of firms who work in this area will offer a free telephone consultation to discuss the potential options. There is a limited time period in which to bring a child abuse compensation claim, though in some cases this timeframe can be flexible. If a civil claim is to be pursued it is vital that the survivor calls a solicitors firm to seek guidance as quickly as possible. V. Why file a civil claim? Some of the benefits of civil actions may include: Control of the case Victims have greater control of the litigation in a civil claim than in a criminal case because they are a party to the civil case and cannot be excluded from the courtroom or negotiations. The claimant instructs their legal team throughout the process. Compensation Civil actions can provide greater compensation for victims for the financial losses incurred, such as medical expenses and loss of earnings as well as damages for the psychiatric, psychological and physical injuries. Justice and accountability Civil claims, focused on the claimant, are designed to return the victim to the position that she or he would have been in but for the act of the perpetrator. Civil actions can hold offenders directly accountable to victims. The victim gets their day in court regardless of whether there was a criminal conviction or any prosecution at all. However, statistically, most civil claims filed in the court system do not end in a trial but are settled during the process before the victim has to attend court. This can provide a more private setting in which to disclose events and seek resolution, without the pressure or public exposure involved in a full trial. 4 THE NATIONAL CRIME VICTIM BAR ASSOCIATION CIVIL JUSTICE FOR VICTIMS OF CRIME IN ENGLAND AND WALES 5

5 VI. Parties in a Civil Action in England and Wales The person bring the claim is called the claimant. The claim is brought against the defendant. The employer may be added as a defendant where the crime is committed in the course of employment. For example, a door supervisor of a nightclub who injures a visitor whilst working; that visitor may have a claim against the nightclub.. VII. Time Limits The time one has to bring a claim is determined by the Limitations Act As a general rule, civil claims for personal injury must be issued (filed) with the court within three years of the injury occurring. The time limit does not start to run until the victim reaches the age of 18 years, however, and special rules apply to those who lack mental capacity (such as claimants suffering from severe brain injury). Special rules apply also to some accidents in the air or at sea. Once proceedings have been issued with the court, they must generally be served on the Defendant within four months. VIII. Types of Civil Actions There are numerous claims under which civil actions may be brought. They include fatal accidents (wrongful death), false imprisonment (holding a victim against his or her will) assault (including sexual assault) and negligence. Damages may be reduced if a Claimant is partly to blame for his/her injuries. This is known as contributory negligence here the damages are reduced according to the apportionment of blame between the claimant and the defendant for the injuries. IX. Victim Privacy A victim will naturally be cautious about maintaining privacy. Various steps can be taken to ensure that names and personal information is kept off public records. Out of court settlements often have a confidentiality component to them, and are not generally published in the same way as cases brought in open court. Court files can be sealed to prevent public/press access. X. Filing a Civil Claim A victim begins a civil case in England and Wales by sending a Letter of Claim. This is a statement of the facts giving rise to the claim being brought, which gives the Defendant an opportunity to answer the allegations before legal proceedings are filed with the court. If a settlement cannot be achieved by these means, then the Claimant will file a claim by lodging a Claim Form (brief details of the claim), Particulars of Claim (detailed allegations and details of injuries), a Schedule of Loss (setting out the financial losses) and a medical report (which sets out details of injuries, treatment and a prognosis for recovery) with the appropriate court. These documents are served on the Defendant who will respond (within a set time limit) with an answer in the form of a document called a Defence. Once the Defence has been filed and served, the Court will allocate the case to a procedural judge (not the same person as the trial judge) who will invite the lawyers to court so that a timetable and directions for the future conduct of the action may be determined. XI. Disclosure, Witness Statements and Expert Evidence The whole of the English civil action procedure is designed to encourage parties to settle cases before they reach trial. The court will impose a cards on the table approach so that all parties know the evidence held by their opponents. For this reason, parties have to give disclosure (discovery) of all relevant documents, exchange written witness statements (which sets out what a witness will say in court) and experts reports (which set out expert opinion evidence). The Court will expect experts, such as psychiatric experts, from both sides to meet one another without the lawyers being present to explore areas of agreement. XII. Settlement, Mediation and Trial Most English civil cases are capable of settlement. This is because trials are expensive and the losing party may be liable to pay the winner s fees and costs. Once the medical evidence is finalised, the parties on each side will often meet to discuss settlement. Sometime, a mediator may be appointed to manage the negotiations. If the matter cannot be resolved, the matter will go to trial and the issue of liability and quantum will be decided by a judge. 6 THE NATIONAL CRIME VICTIM BAR ASSOCIATION CIVIL JUSTICE FOR VICTIMS OF CRIME IN ENGLAND AND WALES 7

6 XIII. Damages Damages will be awarded for the injuries sustained (known as general damages), actual past losses and future financial losses. General damages in the English jurisdiction are often much less than one may expect in the United States. The current (2013) maximum award for the most serious injuries (such as brain injury or spinal cord injury) are unlikely to exceed 275,000 (equivalent to around $412,500) but damages for financial losses are unlimited. The largest cases in the English Courts can be worth in excess of $15,000,000. Damages can be by way of lump sum and/or smaller regular payments. XIV. Funding of Civil Claims in the English Jurisdiction The whole system of funding legal claims in England changed on April 1, The loser pays rule has been modified so that theoretically, a personal injury Claimant never has to pay costs whether he/she wins or loses. However, different rules apply where a Defendant has made an offer to settle in a specific form (specified in Part 36 of the Civil Procedure Rules) which is at least as good as the final award of damages. Contingency fees in the form of Damage Based Agreements are now permissible whereby the lawyer can charge a percentage of damages but the rules on how this is calculated and what can be charged are quite restrictive and it remains to be seen whether these agreements will be taken up. Most cases, it seems, will continue to be pursued by way of a Conditional Fee Agreement, whereby the lawyer waives the fee if the claim fails, but charges the Claimant a success fee (over and above standard fees and costs recovered from the Defendant) in event of a successful claim. XV. About Lawyers Finding a Lawyer The National Center for Victims of Crime established the National Crime Victim Bar Association (NCVBA) to facilitate civil suits by crime victims. The NCVBA is based in Washington, DC and offers victims free referrals to attorneys for consultation. Victims seeking more information or attorney referrals should call the NCVBA at: THE NATIONAL CRIME VICTIM BAR ASSOCIATION

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

The criminal and civil justice systems in England and Wales

The criminal and civil justice systems in England and Wales The criminal and civil justice systems in England and Wales Introduction Important differences exist between UK civil and criminal proceedings that have implications for fraud investigations, including

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

A GUIDE TO CRIMINAL INJURIES COMPENSATION

A GUIDE TO CRIMINAL INJURIES COMPENSATION A GUIDE TO CRIMINAL INJURIES COMPENSATION Being a victim of crime such as physical or sexual assault can have significant and long-term consequences for a woman s health and wellbeing. If you have experienced

More information

The legal process. By Tracey Storey, Solicitor at Irwin Mitchell LLP

The legal process. By Tracey Storey, Solicitor at Irwin Mitchell LLP The legal process By Tracey Storey, Solicitor at Irwin Mitchell LLP Introduction The legacy of child abuse can be devastating, and the effects are often felt not only at the time of the abuse but also

More information

Guide to compensation claims against the police

Guide to compensation claims against the police Tel: 020 8492 2290 I N C O R P O R A T I N G D O N A L D G A L B R A I T H & C O Guide to compensation claims against the police This guide is designed to provide a general overview to bringing compensation

More information

Personal injury claims advice solicitors

Personal injury claims advice solicitors Personal injury claims advice solicitors If you've suffered an accident or a personal injury that wasn't your fault, you could be entitled to make a compensation claim. Millbank solicitors personal injury

More information

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS If you are experiencing, or have experienced, domestic violence and/or sexual violence there are a number of ways the law can protect you. This includes

More information

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

More information

Employers Liability Section

Employers Liability Section Employers Liability Section Definitions 1 lnjury Bodily injury, death, disease, illness, mental injury, mental anguish or nervous shock 2 Employee A B Any person under a contract of service or apprenticeship

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

MOTOR LEGAL EXPENSES POLICY WORDING TERMS OF COVER

MOTOR LEGAL EXPENSES POLICY WORDING TERMS OF COVER Motor Legal Expenses provides:- 24/7 Legal Advice Insurance for legal costs for certain types of disputes HELPLINE SERVICES Legal Helpline MOTOR LEGAL EXPENSES Use the 24 hour advisory service for telephone

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

C.M. Haughey Solicitors Compensation Guide

C.M. Haughey Solicitors Compensation Guide C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located

More information

Civil Justice for Victims of Crime in Maryland

Civil Justice for Victims of Crime in Maryland This booklet was published with the generous support of Keith Franz Azrael, Franz, Schwab & Lipowitz, LLC Baltimore, Maryland Stan Brown Law Office of Stan Derwin Brown, LLC Largo, Maryland Steven Kelly

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

Civil Justice for Victims of Crime in Arizona

Civil Justice for Victims of Crime in Arizona This booklet was published with the generous support of Stan Marks Begam & Marks, P.A. Phoenix, AZ Robert Pastor Montoya, Jimenez & Pastor, P.A. Phoenix, AZ Sara Powell Law Office of Sara Powell Phoenix,

More information

HOW MUCH MONEY IS WORTH? MY SLIP AND FALL CASE

HOW MUCH MONEY IS WORTH? MY SLIP AND FALL CASE HOW MUCH MONEY IS MY SLIP AND FALL CASE WORTH? Knowledge of the Value of Your Claim Can Help You to Determine If a Settlement Offer Is Reasonable and Appropriate Given the Circumstances of the Fall and

More information

English Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch?

English Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch? English Civil Law and the Foreign Motorist Justice or a Lawyer s Lunch? Agenda Basic Principles The Civil Procedure The Claim - Practice Basic principles English Law is based on precedent - what courts

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 About this guidance An overview of appeals Appeals relating to immigration enforcement investigation cases The

More information

1. Outline the qualifications and training required to become a barrister and solicitor, and describe the work each profession carries out.

1. Outline the qualifications and training required to become a barrister and solicitor, and describe the work each profession carries out. AQA LAW - AS EXAMINATIONS Unit 1 - LAW01 - Law Making and the Legal System THE LEGAL PROFESSIONS BARRISTERS and SOLICITORS 1. Outline the qualifications and training required to become a barrister and

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

Road Accident Fund Act 56 of 1996 (RAFA)

Road Accident Fund Act 56 of 1996 (RAFA) Road Accident Fund Act 56 of 1996 (RAFA) Topic: Roads and Public Liability IN A CALABASH Introduction Road transportation is the major mode of transportation in South Africa. Despite a number of road laws

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The

More information

Civil Justice for Victims of Crime in Alabama

Civil Justice for Victims of Crime in Alabama This booklet was published with the generous support of Barry Walker Walker Law, LLC Birmingham, Alabama Gregory Zarzaur Zarzaur Law, LLC Birmingham, Alabama For referrals to an attorney or more information,

More information

Civil Justice for Victims of Crime

Civil Justice for Victims of Crime This document was prepared by the National Center for Victims of Crime, supported by 2000CKWX0038, awarded by the U.S. Department of Justice, Office of Community Oriented Policing. The opinions, findings,

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Civil Justice for Victims of Crime in Iowa CIVIL JUSTICE FOR VICTIMS OF CRIME IN IOWA

Civil Justice for Victims of Crime in Iowa CIVIL JUSTICE FOR VICTIMS OF CRIME IN IOWA Civil Justice for Victims of Crime in Iowa CIVIL JUSTICE FOR VICTIMS OF CRIME IN IOWA C1 Civil Justice for Victims of Crime in Iowa Table of Contents I. Purpose of This Booklet... 2 II. Victims Financial

More information

Civil Justice for Victims of Crime in Illinois

Civil Justice for Victims of Crime in Illinois This booklet was published with the generous support of Ralph Davis Ralph Davis Law Peoria, Illinois For referrals to an attorney or more information, please call the National Crime Victim Bar Association

More information

Information for witnesses going to court

Information for witnesses going to court Information for witnesses going to court Useful telephone numbers Witness Service...440496 Victim Support...440496 Women s Refuge...08007 356836 (freephone) Citizen s Advice Bureau...08007 350249 (freephone)

More information

MAKING A PERSONAL INJURIES CLAIM*

MAKING A PERSONAL INJURIES CLAIM* MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial

More information

Motor Legal Expenses Insurance

Motor Legal Expenses Insurance Motor Legal Expenses Insurance Motor Legal Expenses Insurance Policy Document Certificate of Insurance This insurance is underwritten by Inter Partner Assistance SA and managed on their behalf by Arc Legal

More information

Civil Justice for Victims of Crime in Maine

Civil Justice for Victims of Crime in Maine This booklet was published with the generous support of Terry Garmey & Associates Cumberland County, Portland, Lewiston, Bangor, West Scarborough, Auburn, Biddeford, Augusta, and Saco, Maine Elizabeth

More information

USING LAWYERS IN HONG KONG

USING LAWYERS IN HONG KONG USING LAWYERS IN HONG KONG This Guide deals in general terms with using lawyers in Hong Kong. It aims to help a seafarer understand the legal profession in Hong Kong, and how to select, engage and if need

More information

Civil Justice for Victims of Crime in Massachusetts

Civil Justice for Victims of Crime in Massachusetts This booklet was published with the generous support of Law Office of Carmen L. Durso Boston, Massachusetts Mark Itzkowitz, Esq. Boston, Massachusetts Law Office of Kenneth I. Kolpan, Esq. Boston, Massachusetts

More information

Victims of Crime the help and advice that s available

Victims of Crime the help and advice that s available Details about Victim Support Your local Victim Support Scheme is: Victims of Crime the help and advice that s available You can also contact the Victim Supportline on: 0845 30 30 900 Or, if you prefer,

More information

Civil Justice for Victims of Crime in Oklahoma

Civil Justice for Victims of Crime in Oklahoma This booklet was published with the generous support of Tony Laizure, Esq. Laizure Law, PLLC Tulsa, Oklahoma Laurie Koller, Esq. Carr & Carr Tulsa & Oklahoma City, Oklahoma Danny Shadid, Esq. Danny K.

More information

Civil Justice for Victims of Crime in Pennsylvania

Civil Justice for Victims of Crime in Pennsylvania This booklet was published with the generous support of Benjamin D. Andreozzi, Esq. Harrisburg, PA Stewart J. Eisenberg, Esq. Eisenberg, Rothweiler, Winkler, Eisenberg and Jeck, P.C. Philadelphia, PA Jeffrey

More information

SPECIALIST 24 HR CRIMINAL DEFENCE

SPECIALIST 24 HR CRIMINAL DEFENCE SPECIALIST 24 HR CRIMINAL DEFENCE What happens at the Police Station? Often the most important stage in any case is what happens in the police station. In most cases you will be under arrest and it may

More information

Civil Justice for Victims of Crime in Vermont

Civil Justice for Victims of Crime in Vermont This booklet was published with the generous support of Jerome F. O Neill O Neill Kellner & Green, PC Burlington, Vermont For referrals to an attorney or more information, please call the National Crime

More information

Victims of Crime Compensation

Victims of Crime Compensation Victims of Crime Compensation VICTIM SUPPORT SERVICE INC ORPORATED Victim Support Service... providing services statewide. Victim Support Service (VSS) is not qualified to offer legal advice. This brochure

More information

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG LC Paper No. CB(2)517/05-06(01) SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG 1. This is a submission of the Recovery

More information

Civil Justice for Victims of Crime in Virginia

Civil Justice for Victims of Crime in Virginia This booklet was published with the generous support of Christopher Day, Esq. Day & Johns, PLLC Fairfax, Virginia Peter Everett, Esq. Chidi James, Esq. Blankingship & Keith, PC Fairfax, Virginia Michael

More information

court. However, without your testimony the defendant might go unpunished.

court. However, without your testimony the defendant might go unpunished. Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for

More information

Your Van Insurance Motor Legal Protection Policy Booklet

Your Van Insurance Motor Legal Protection Policy Booklet Your Van Insurance Motor Legal Protection Policy Booklet Contents Motor Legal Protection Insurance...3 Motor Legal Expenses...3 Helpline Services...3 Motor Legal Expenses Policy Summary...4 Cancellation

More information

Table of Contents. Selected Iowa Wrongful Death Laws and Rules

Table of Contents. Selected Iowa Wrongful Death Laws and Rules Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated

More information

Civil Law: Compensating the Victims of Road Death or Injury

Civil Law: Compensating the Victims of Road Death or Injury InformatIon Handbook 2 Civil Law: Compensating the Victims of Road Death or Injury Produced in partnership with www.emsleys.co.uk Civil Law: Compensating the Victims of Road Death or Injury CONTENTS: Introduction..............................................................3

More information

A Summary of Virginia s Crime Victim and Witness Rights Act

A Summary of Virginia s Crime Victim and Witness Rights Act A Summary of Virginia s Crime Victim and Witness Rights Act Your Rights and Responsibilities Department of Criminal Justice Services Victims Services Section December 2008 www.dcjs.virginia.gov Table of

More information

Criminal Injuries Compensation: Your rights

Criminal Injuries Compensation: Your rights Criminal Injuries Compensation: Your rights A brief leaflet summarising the 2012 Scheme. Includes information about how LSA can help. www.lsa.org.uk Freephone: 0800 315 8450 About this leaflet If you

More information

Going to Court as a Witness

Going to Court as a Witness Going to Court as a Witness - July 2010 Going to Court as a Witness 1 Introduction Going to court can be stressful for many victims and witnesses. If you need to give evidence in a criminal trial, we hope

More information

Civil Justice for Victims of Crime in Missouri

Civil Justice for Victims of Crime in Missouri This booklet was published with the generous support of Ken Chackes, Esq. Nicole Gorovsky, Esq Chackes Carlson, LLP St. Louis, Missouri Charlie Speer, Esq. Richard H. Middleton, Jr., Esq. Speer Law Firm,

More information

Civil Justice for Victims of Crime in New York

Civil Justice for Victims of Crime in New York This booklet was published with the generous support of Richard Binko Law Offices of Richard S. Binko Cheektowaga, New York Madeline Bryer Law Offices of Madeline Bryer New York, New York Cynthia S. LaFave

More information

Civil Justice for Victims of Crime in Colorado CIVIL JUSTICE FOR VICTIMS OF CRIME IN COLORADO

Civil Justice for Victims of Crime in Colorado CIVIL JUSTICE FOR VICTIMS OF CRIME IN COLORADO Civil Justice for Victims of Crime in Colorado CIVIL JUSTICE FOR VICTIMS OF CRIME IN COLORADO C1 Civil Justice for Victims of Crime in Colorado The National Crime Victim Bar Association 2000 M Street,

More information

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement

More information

Civil Justice for Victims of Crime in Washington

Civil Justice for Victims of Crime in Washington This booklet was published with the generous support of John Connelly Law Offices of John R. Connelly, Jr. Tacoma, Washington Mark Leemon Sidney Royer Leemon & Royer, PLLC Seattle, Washington Rebecca Roe

More information

Civil Justice for Victims of Crime in New Mexico

Civil Justice for Victims of Crime in New Mexico This booklet was published with the generous support of F. Michael Hart Kelly Stout Sanchez Martinez, Hart & Thompson, P.C. Albuquerque, New Mexico Bert Parnall Parnall Law Firm Albuquerque, New Mexico

More information

SEAFARER SUBJECT GUIDE

SEAFARER SUBJECT GUIDE USING LAWYERS IN SOUTH KOREA This Guide deals in general terms with using lawyers in South Korea. It aims to help a seafarer understand the legal profession in South Korea, and how to select, engage, and

More information

A Guide for Childhood Sexual Abuse Survivors

A Guide for Childhood Sexual Abuse Survivors You are not alone. It was not your fault. You have courage. You have choices. You have power. We re here to help. A Guide for Childhood Sexual Abuse Survivors Breaking the silence. Raising Awareness. Fighting

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE

The Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic

More information

Applying appropriate sanctions consistently

Applying appropriate sanctions consistently Applying appropriate sanctions consistently Policy statement April 2013 Tackling fraud and managing security Contents 1 Introduction... 1 2 The NHS Protect approach to pursuing sanctions... 1 3 The criminal

More information

Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper

Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper 1. This is the response of the General Council of the Bar of England and Wales (the Bar Council) to

More information

Victims of violent crime

Victims of violent crime Victims of violent crime What can I do if I am the victim of violent crime? Report the crime to the Police. If it is an emergency, call 000. Otherwise, you can either go to the nearest police station or

More information

Civil Justice for Victims of Crime in Texas

Civil Justice for Victims of Crime in Texas This booklet was published with the generous support of Steven Laird Law Offices of Steven C. Laird Fort Worth, Texas Marc Lenahan Lenahan Law, PLLC Dallas, Texas Tahira Merritt Law Office of Tahira Khan

More information

The American Bar Association Young Lawyers Division 2014 Spring Conference Pittsburgh, PA

The American Bar Association Young Lawyers Division 2014 Spring Conference Pittsburgh, PA The American Bar Association Young Lawyers Division 2014 Spring Conference Pittsburgh, PA International Litigation: Access to Justice in Other Jurisdictions (CLE Lunch) Renaissance Pittsburgh Jimmy Stewart,

More information

Civil Justice for Victims of Crime in Tennessee

Civil Justice for Victims of Crime in Tennessee This booklet was published with the generous support of John A. Day Law Offices of John Day Nashville, TN Bruce S. Kramer Elaine Sheng Apperson Crump, PLC Memphis, TN For referrals to an attorney or more

More information

Legal Support Service South West. Support for life after childhood brain and other serious injuries. www.childbraininjurytrust.org.

Legal Support Service South West. Support for life after childhood brain and other serious injuries. www.childbraininjurytrust.org. Legal Support Service South West Support for life after childhood brain and other serious injuries www.childbraininjurytrust.org.uk Hello and welcome to the Legal Support Services booklet for the South

More information

YOUTH LEGAL CENTRE. Victims compensation. 1 Introduction. 2 Eligibility

YOUTH LEGAL CENTRE. Victims compensation. 1 Introduction. 2 Eligibility YOUTH LEGAL CENTRE Victims compensation 1 Introduction The New South Wales victims compensation scheme allows victims of violent crime to receive: counselling financial compensation injuries suffered payment

More information

How to take a small claim to the County Court.

How to take a small claim to the County Court. Constables Central Committee How to take a small claim to the County Court. POLICE FEDERATION OF ENGLAND AND WALES CONSTABLES CENTRAL COMMITTEE 19 Langley Road Surbiton Surrey KT6 6LP INTRODUCTION Small

More information

Civil Justice for Victims of Crime in Florida

Civil Justice for Victims of Crime in Florida This booklet was published with the generous support of The Brumbelow Drechsel Law Group, P.A. St. Petersburg, FL Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.A. Ft. Lauderdale, FL Gerson & Schwartz,

More information

Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy

Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy Fieldfisher provides a first-class service to clients. www.fieldfisher.com/personalinjury Freephone 0800 358 3848

More information

Civil Justice for Victims of Crime in Georgia

Civil Justice for Victims of Crime in Georgia This booklet was published with the generous support of Melvin L. Hewitt, Jr. Isenberg & Hewitt, P.C. Atlanta, Georgia Civil Justice for Victims of Crime in Georgia For referrals to an attorney or more

More information

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,

More information

The legal system. Chapter 2 TYPES OF LAW. Criminal and civil law. Public and private law

The legal system. Chapter 2 TYPES OF LAW. Criminal and civil law. Public and private law Chapter This chapter covers the way the English legal system is organised: the two main branches of law; the personnel of the legal system and their roles; and the courts which make up the system. As court

More information

The support you should get if you are a victim of crime

The support you should get if you are a victim of crime The support you should get if you are a victim of crime This is an EasyRead booklet showing you what to do. About this booklet The Ministry of Justice wrote this information. This is an EasyRead guide

More information

Police Officers who Commit Domestic Violence-Related Criminal Offences 1

Police Officers who Commit Domestic Violence-Related Criminal Offences 1 PUBLIC DOCUMENT Association of Chief Police Officers of England, Wales and Northern Ireland Police Officers who Commit Domestic Violence-Related Criminal Offences 1 This is an ACPO policy relating to police

More information

PART D: PROSECUTION DETAILS

PART D: PROSECUTION DETAILS HOW TO COMPLETE YOUR CRIMINAL INJURIES COMPENSATION APPLICATION FORM PLEASE COMPLETE THE FORM USING DARK INK, AND ENSURE YOU KEEP A COPY OF YOUR APPLICATION FORM AND ALL YOUR DOCUMENTS. PART A: APPLICANT

More information

ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011

ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011 ORAL STATEMENT ON ACCESS TO JUSTICE REVIEW FINAL REPORT: 13 SEPTEMBER 2011 Members will have heard me speak previously, in this chamber and elsewhere, of the opportunities that the devolution of justice

More information

Civil Justice for Victims of Crime in California

Civil Justice for Victims of Crime in California This booklet was published with the generous support of Mary Alexander, Esq. San Francisco, CA Joseph George, Esq. Sacramento, CA Ivo Labar, Esq. San Francisco, CA John Manly, Esq. Newport Beach, CA Dwight

More information

Civil Justice for Victims of Crime in Connecticut

Civil Justice for Victims of Crime in Connecticut This booklet was published with the generous support of The law firm of SILVER GOLUB & TEITELL LLP Stamford, Connecticut Civil Justice for Victims of Crime in Connecticut is an affiliate of: 2000 M Street,

More information

Abuse and Sexual Assault

Abuse and Sexual Assault Abuse and Sexual Assault INJURY & NEGLIGENCE SPECIALISTS Injury & Negligence WELCOME TO PANNONE PART OF SLATER & GORDON We have years of experience dealing with cases of abuse and sexual assault and know

More information

Civil Law Compensating the Victims of Road Death & Injury.

Civil Law Compensating the Victims of Road Death & Injury. INFORMATION HANDBOOK No 2 Civil Law Compensating the Victims of Road Death & Injury. CADD contact numbers: Help Line: 0845 1235542 (local rate) Office Phone & Fax: 0845 1235541 / 43 Address: CADD, PO Box

More information

Civil Justice for Victims of Crime in Oregon

Civil Justice for Victims of Crime in Oregon This booklet was published with the generous support of Erin Olson Law Office of Erin Olson, P.C. Portland, Oregon www.erinolsonlaw.com John Devlin Rosenthal, Greene & Devlin, P.C. Portland, Oregon www.rgdpdx.com

More information

Victims of Crime. information leaflet. Working together for a safer Scotland

Victims of Crime. information leaflet. Working together for a safer Scotland Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. 2. Who can

More information

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process 1 Contents Introduction How to report a fraud What happens when you report a fraud? The investigation process Who decides if the case should go to court? What is a non-court disposal? What happens at

More information

1) Uninsured Loss Recovery An event causing damage to the insured vehicle and/or personal property in or on it

1) Uninsured Loss Recovery An event causing damage to the insured vehicle and/or personal property in or on it MOTORING LEGAL SOLUTIONS MCE ASSIST THIS IS YOUR INSURANCE POLICY This policy is evidence of the contract between you and the Insurer. Following an Insured Event the Insurer will pay the Insured s Legal

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

Franklin County State's Attorney Victim Services

Franklin County State's Attorney Victim Services Franklin County State's Attorney Victim Services FREQUENTLY ASKED QUESTIONS What type of services and information can I get through Victim Services Program? A Victim Advocate will be assigned to assist

More information

Civil Justice for Victims of Crime in Nevada

Civil Justice for Victims of Crime in Nevada This booklet was published with the generous support of Douglas H. Clark, Esq. Las Vegas, NV For referrals to an attorney or more information, please call the National Center for Victims of Crime at 1-800-FYI-CALL

More information

Policy document. Employers Liability

Policy document. Employers Liability Policy document Employers Liability Contents Employers Liability 4 The cover 5 Exclusions 8 Conditions 9 Complaints procedure 10 A warm welcome to Zurich Thank you for taking out your Employers Liability

More information

Brain injury lawyers. Field Fisher Waterhouse provides a first-class service to clients. The Legal 500

Brain injury lawyers. Field Fisher Waterhouse provides a first-class service to clients. The Legal 500 Brain injury lawyers Field Fisher Waterhouse provides a first-class service to clients. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 Specialist brain injury solicitors Our brain injury

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information