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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 government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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