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27 May 2022 / David Mayor
Issue: 7980 / Categories: Features , Personal injury
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Abuse survivors & the search for justice

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David Mayor on why it’s vital to understand the needs of the client when pursuing civil claims for abuse
  • More than civil compensation is often required when helping survivors and victims of abuse.
  • Why it’s important to understand at the earliest stage what definition of justice the victim is seeking.

The civil justice system can achieve wonderful things. A judge can order you to finish what you promised to do, freeze your assets, prevent you from going to certain places, stop you issuing litigation without permission; even commit you to prison. But when it comes to tortious claims, it is nothing more than a blunt instrument.

Its aspirations are to place the injured party in the position that they would have occupied but for the commission of the tort but that is, by its very nature, a Sisyphean task. It is physically and practically impossible to put somebody in that position and, even if the court achieves that goal to the best of its abilities, the victim will

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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