header-logo header-logo

Abuse survivors & the search for justice

27 May 2022 / David Mayor
Issue: 7980 / Categories: Features , Personal injury
printer mail-detail
82774
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 still

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll