Trauma-informed lawyering in the context of civil claims for sexual violence – Journal of Law and Society

Posted May 1st, 2024 in civil justice, compensation, damages, news, sexual offences, victims by sally

‘Over the last decade, there has been an increase in civil compensation claims for sexual violence in the United Kingdom (UK). Given that trauma-informed approaches have been called for in relation to legal responses to sexual violence, we put forward seven key principles of trauma-informed lawyering in this context and draw on interviews with UK-based civil lawyers who represented sexual violence survivors to explore the extent to which trauma-informed work is taking place. While we found that our sample of lawyers typically had a very good knowledge of sexual violence and the trauma that it can cause, there was less certainty about how to accommodate the impacts in practice. Moreover, there was a tendency to prioritize individual healing and medicalize a form of social injustice. We conclude by emphasizing the need for legal training and education on a trauma-informed approach that accounts for the social and political dimensions of sexual violence and trauma.’

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Journal of Law and Society, 29th April 2024

Source: onlinelibrary.wiley.com

Woman raped by father wins payout as police finally admit mistakes in four-decade battle for justice – The Independent

‘A woman who was raped by her father has hit out at a catalogue of misogynistic police failings during her four-decade-long fight for justice.’

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The Independent, 28th April 2024

Source: www.independent.co.uk

Substantial injustice – where are we now? – 39 Essex Chambers

‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’

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39 Essex Chambers, 16th April 2024

Source: www.39essex.com

The Post Office: Disclosure Lessons from a National Scandal – Guildhall Chambers

‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’

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Guildhall Chambers, 11th March 2024

Source: www.guildhallchambers.co.uk

Criminal injuries compensation and “Daisy’s Law” – 12 KBW Personal Injury Law Blog

‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’

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12KBW Personal Injury Law Blog, 10th April 2024

Source: pilawblog.com

Two boys sentenced for killing more than 20 animals at environmental college – The Independent

‘Two schoolboys who killed more than 20 animals including rabbits, snakes and birds at an environmental college have been handed a community order.’

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The Independent, 18th April 2024

Source: www.independent.co.uk

Woman loses 600k in compensation after being branded ‘dishonest’ by judge – The Independent

Posted April 15th, 2024 in accidents, compensation, damages, deceit, news, personal injuries by tracey

‘A woman seeking damages after suffering multiple injuries due to a bad fall in Wales is about to lose out on almost £600,000 for being “thoroughly dishonest” in her process of asking for compensation.’

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The Independent, 13th April 2024

Source: www.independent.co.uk

Survivors of 2017 Ariana Grande concert bombing take legal action against UK agency – The Independent

‘More than 250 survivors of the suicide bombing that killed 22 people at a 2017 Ariana Grande concert in Manchester, England, are taking legal action against Britain’s domestic intelligence agency, lawyers said.’

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The Independent, 15th April 2024

Source: www.independent.co.uk

Vicarious liability and reforming the law of apologies in civil proceedings? – Law & Religion UK

‘Section 2 of the Compensation Act 2006 (Apologies, offers of treatment or other redress) was enacted to make it easier for organisations to apologise for their actions without admitting civil liability: it reads, “An apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty”.’

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Law & Religion UK, 10th April 2024

Source: lawandreligionuk.com

Should the law change to make it easier for organisations to apologise? – Ministry of Justice

Posted April 8th, 2024 in bills, company law, compensation, Ministry of Justice, news by tracey

‘The law could be updated to make it easier for organisations to offer sincere apologies to those who have been wronged following the launch of a government consultation today (8 April 2024).’

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Ministry of Justice, 8th April 2024

Source: www.gov.uk

Stephen Bear ordered to pay £22,305 Confiscation Order – Crown Prosecution Service

‘Today at Chelmsford Crown Court, a Confiscation Order of £22,305 was given to Stephen Bear, to retrieve the ill-gotten gains he accumulated from publishing explicit content to a subscription site without the consent of those involved. The judge has ordered that the victim, Georgia Harrison, be compensated to the value of £5,000, which will be paid out of any monies paid towards the Confiscation Order.’

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Crown Prosecution Service, 28th March 2024

Source: www.cps.gov.uk

Gary Glitter victim seeking six-figure sum after suing him for impacts of child abuse – The Independent

Posted March 28th, 2024 in child abuse, compensation, news, psychiatric damage by tracey

‘A victim of Gary Glitter is seeking around half a million pounds in her compensation claim against the paedophile former pop star over the psychiatric damage she suffered as a result of his abuse.’

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The Independent, 27th March 2024

Source: www.independent.co.uk

Defendant law firms “scaring off” legitimate employer’s liability claims – Legal Futures

Posted March 26th, 2024 in accidents, compensation, employment, law firms, news, personal injuries by tracey

‘At least £284m has been unclaimed from accidents at work in 2023, with workers increasingly reluctant to seek compensation from their employer, according to National Accident Helpline (NAH).’

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Legal Futures, 26th March 2024

Source: www.legalfutures.co.uk

Thousands of UK women owed pension payout after ombudsman’s Waspi ruling – The Guardian

Posted March 22nd, 2024 in compensation, government departments, news, ombudsmen, pensions by sally

‘Thousands of women, potentially hundreds of thousands, are owed compensation because of government failings related to the way changes to the state pension age were made, a long-awaited official report has said.’

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The Guardian, 21st March 2024

Source: www.theguardian.com

Victims given greater access to justice through legal aid reform – Ministry of Justice

‘Innocent people who have suffered miscarriages of justice, personal harm or injury are among those who will benefit from upcoming changes to legal aid means testing coming into effect this year.’

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Ministry of Justice, 14th March 2024

Source: www.gov.uk

Met to pay £10,000 to woman detained overnight after Sarah Everard vigil – The Guardian

‘The Metropolitan police has agreed to pay £10,000 in damages to a woman arrested at the Sarah Everard vigil in Clapham, her solicitors have said.’

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The Guardian, 13th March 2024

Source: www.theguardian.com

What is the Post Office Horizon bill and why is it controversial? – The Guardian

‘The Post Office (Horizon system) offences bill, published on Wednesday, will quash the convictions of people resulting from the scandal, which involved hundreds being wrongly prosecuted on the basis of a faulty IT system. Here the Guardian explains the thinking behind the bill and why it is controversial.’

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The Guardian, 13th March 2024

Source: www.theguardian.com

Post Office scandal victims convictions to be quashed – BBC News

‘A new law will be introduced on Wednesday to clear the names of the hundreds of sub-postmasters wrongly convicted in the Post Office scandal.’

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BBC News, 13th March 2024

Source: www.bbc.co.uk

Grenfell: Met officers suing force over ‘trauma’ suffered – BBC News

‘More than 30 current and former Metropolitan Police officers are suing the force “for personal injury and losses following their role in the Grenfell Tower fire”, it says.’

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BBC News, 10th March 2024

Source: www.bbc.co.uk

Post Office scandal victim feels ‘survivor’s guilt’ after compensation – BBC News

‘Former sub-postmaster Jo Hamilton says she feels “survivor’s guilt” after settling with the Post Office over the Horizon IT scandal for an undisclosed sum.’

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BBC News, 5th March 2024

Source: www.bbc.co.uk