Secondary victims: A race between the claimant and the ambulance? – Hardwicke Chambers

Posted August 27th, 2015 in negligence, news, personal injuries, victims by sally

‘It is hard to escape the notion that the rise in the number of secondary victim claims in recent years owes its success to the amorphous concept of ‘proximity’. The test of proximity itself is well established: a secondary victim claimant can only establish a claim in law as a result of witnessing an event or its immediate aftermath. Establishing proximity does not pose much of a problem if the claimant has witnessed an accident itself; what remains controversial is defining the limit of “the event” and its “immediate aftermath”. Having looked at the decisions of the Courts on this issue, one would be forgiven for thinking that the boundaries are imposed somewhat arbitrarily. ‘

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Hardwicke Chambers, 29th July 2015

Source: www.hardwicke.co.uk

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Setting the bar high for secondary victim claims – Hardwicke Chambers

Posted August 27th, 2015 in appeals, negligence, news, personal injuries, psychiatric damage, victims by sally

‘It had been 10 years since a secondary victim claim had reached the Court of Appeal when the important Taylor v A.Novo(UK) Ltd. [2014] QB 150 case was decided, in March 2013. By contrast, the last six months have seen a series of key decisions illustrating the approach first-instance Courts will take in the light of Taylor, namely Wild v Southend NHS; Brock v Northampton NHS; Berisha v Stone Superstore; Shorter v Surrey & Sussex NHS and culminating in another landmark Appeal decision in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588.’
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Hardwicke Chambers, 29th August 2015

Source: www.hardwicke.co.uk

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Revenge porn: Are the police and courts taking the crime seriously? – The Independent

Posted August 26th, 2015 in internet, news, police, pornography, prosecutions, victims by sally

‘Since April this year, sharing explicit images or videos without consent – known as revenge porn – has been illegal. Now, the first perpetrators are being sentenced. But does the new law go far enough? Emily Dugan speaks to victims, legal experts and campaigners to find out.’

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The Independent, 25th August 2015

Source: www.independent.co.uk

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Rotherham abuse: ‘Fraction’ of victims have sought help – BBC News

Posted August 24th, 2015 in child abuse, local government, news, police, statistics, victims by sally

‘A fraction of the hundreds of victims of child sexual exploitation in Rotherham have sought help, according to a lawyer for some of the survivors.’

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BBC News, 24th August 2015

Source: www.bbc.co.uk

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Court fee ‘means crime victims miss payouts’ – The Independent

Posted August 24th, 2015 in compensation, costs, fees, news, victims by sally

‘Victims of crime are missing out on compensation because courts are forced to make criminals pay costs to the Government, campaigners have warned.’

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The Independent, 23rd August 2015

Source: www.independent.co.uk

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Remove ‘barristers’ from Victims’ Code, says Society – Law Society’s Gazette

‘‘Out-of-date’ references to barristers in a code of practice for crime victims should be amended, the Law Society has said in response to a Ministry of Justice consultation.’

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Law Society’s Gazette, 17th August 2015

Source: www.lawgazette.co.uk

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In sexual assault cases, the idea of the ‘perfect victim’ is pernicious – The Guardian

‘Compensation has been reduced for sexual assault victims who have criminal convictions. But we need to stop insisting that traumatised people should be model citizens.’

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The Guardian, 7th August 2015

Source: www.guardian.co.uk

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Marcus Marcussen victims take legal action against council – BBC News

Posted August 5th, 2015 in child abuse, news, sexual offences, teachers, victims by sally

‘More victims of a teacher convicted of physically and sexually assaulting them have come forward and are suing Birmingham City Council.’

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BBC News, 4th August 2015

Source: www.bbc.co.uk

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Revenge porn: ‘We need a second law to stop porn sites escaping justice’ – Daily Telegraph

Posted August 4th, 2015 in burden of proof, civil justice, crime, harassment, internet, news, pornography, victims by sally

‘The Government needs to introduce a second civil law to tackle revenge porn – because the current criminal law does not go far enough to help victims – according to a specialist in the field.’

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Daily Telegraph, 4th August 2015

Source: www.telegraph.co.uk

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Anti-slavery powers come into force in England and Wales – BBC News

‘Key parts of new legislation to combat slavery in the UK – including life sentences for those guilty of people trafficking – have come into force in England and Wales.

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BBC News, 31st July 2015

Source: www.bbc.co.uk

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Hundreds of UK sex abuse victims lose compensation for committing crimes – The Guardian

‘Hundreds of sexual abuse victims have had their compensation payments reduced after committing crime themselves, according to figures.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Revising the Victims’ Code – Ministry of Justice

Posted July 24th, 2015 in codes of practice, consultations, crime, news, victims by sally

‘The statutory Code of Practice for Victims of Crime (“the Code”) places obligations on core criminal justice agencies to provide victims of crime with support and information.’

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Ministry of Justice, 16th July 2015

Source: www.consult.justice.gov.uk

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Country’s worst landlord blames tenants for property convictions – The Guardian

Posted July 23rd, 2015 in landlord & tenant, local government, news, prosecutions, victims by sally

‘A London landlord has been convicted for property offences seven times but believes she is the victim, not her tenants.’

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The Guardian, 23rd July 2015

Source: www.guardian.co.uk

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Theresa May unlawfully detained potential trafficking victims, court rules – The Guardian

Posted July 21st, 2015 in detention, immigration, news, trafficking in human beings, victims by tracey

‘The home secretary, Theresa May, failed to protect three potential victims of trafficking who were locked up in an immigration detention centre, a high court judge has ruled.’

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The Guardian, 20th July 2015

Source: www.guardian.co.uk

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Revenge porn victims include pensioner in 60s and girls as young as 11 – Daily Telegraph

Posted July 16th, 2015 in harassment, news, pornography, victims by tracey

‘Victims of revenge porn have ranged from a pensioner in her 60s and girls as young as 11, according to the latest police figures.’

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Daily Telegraph, 16th July 2015

Source: www.telegraph.co.uk

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Royal Household will fall in sights of £100m child sex abuse inquiry – Daily Telegraph

‘The child sex abuse inquiry is set to last five years and cost up to £100 million, it has been confirmed, as it emerged the Royal Household will not be exempt from scrutiny over paedophile allegations.’

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Daily Telegraph, 9th July 2015

Source: www.telegraph.co.uk

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Legal aid restrictions for domestic abuse loosened – Law Society’s Gazette

Posted July 9th, 2015 in domestic violence, evidence, legal aid, news, regulations, trials, victims by sally

‘The government has loosened a controversial restriction preventing some victims of domestic abuse from accessing legal aid.’

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Law Society’s Gazette, 8th July 2015

Source: www.lawgazette.co.uk

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Eleanor de Freitas rape case: Legal bid for new inquest – Daily Telegraph

‘Family of vulnerable 23-year-old woman who took own life after being charged with making false rape claim launch new legal bid.’

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Daily Telegraph, 9th July 2015

Source: www.telegraph.co.uk

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Historical child sexual abuse inquiry to open on 9 July – BBC News

Posted July 8th, 2015 in child abuse, inquiries, news, sexual offences, victims by sally

‘The independent inquiry into historical child sexual abuse in England and Wales will be formally opened next Thursday, it has been announced.’

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BBC News, 3rd July 2015

Source: www.bbc.co.uk

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The “Black Cab Rapist” – Court of Appeal rules on Article 3 investigative duty – UK Human Rights Blog

Posted July 7th, 2015 in appeals, human rights, London, news, police, victims by sally

‘The Court of Appeal has ruled that the police have a positive duty under Article 3 ECHR to conduct investigations into alleged ill-treatment by private individuals. There is a sliding scale from deliberate torture by State officials to the consequences of negligence by non-State agents. The margin of appreciation enjoyed by the State in terms of complying with the Article 3 procedural duty widens at the bottom of the scale but narrows at the top.’

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UK Human Rights Blog, 6th July 2015

Source: www.ukhumanrightsblog.com

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