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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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