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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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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