Actions against individuals
If you wish to speak with one of our specialist solicitors, in the strictest confidence, then please call 0870 055 2260 - alternately please complete our online enquiry form.
A Claimant is entitled to bring proceedings directly against an individual if;
- That individual has perpetrated sexual, physical or emotional abuse against them
- Has caused them injury by their actions, for example, an assault
What can the Claimant claim for?
In these types of actions a Claimant can claim for;
- Compensation for Pain, Suffering and Loss of Amenity
- Compensation for loss of earnings or loss of opportunity on the open labour market consequential to the abuse
- The costs of any psychotherapy or other treatment required on a private basis
For further information on Compensation and Damages please visit our ‘Damages Explained’ Page.
Compensation Claims Against Individuals
If a Claimant has been the victim of sexual and/or physical abuse or an assault the law allows them to bring a claim directly against the person who injured them. In some circumstances, they may not have suffered any physical injury but the law also allows them to claim for any psychological injury that they may have suffered and any consequential loss.
In order to satisfy any judgement the Defendant must have sufficient assets. A Claimant is unable to enforce a judgement against a Defendant with no assets; the legal term for this is a ‘man of straw’. However, this does not mean that the Defendant has to have sufficient ‘money in the bank’. The Defendant may have other assets which any judgement can be enforced against, for example;
- The Defendant may own property, houses or other land. It is likely that any equity they have in such property or land will be sufficient to enforce any judgement against.
- The Defendant may have other assets, a car or valuable possessions, which can also be enforced against.
What if the Defendant has no Assets?
Following a recent House of Lords judgement in A – v – Hoare [2008] a Claimant may bring an action against an individual at some point in the future if the Defendant’s circumstances change. For example, in Hoare the Claimant brought proceedings a number of years later against her attacker who had subjected her to a serious sexual assault. At the time of the assault the perpetrator had no assets. However, in the future the perpetrator won the lottery and Mrs A sought to claim compensation for the assault that occurred many years previously. Whilst the Court at first instance and the Court of Appeal ruled that the time limit to bring such actions was a strict six years and therefore Mrs A was out of time, the House of Lords allowed Mrs A to proceed with her claim. Please see our page on Limitation for further information.
If you wish to speak with one of our specialist solicitors, in the strictest confidence, then please call 0870 055 2260 - alternately please complete our online enquiry form.
