Tensions between Criminal & Civil Investigations
Monday, 01 November 1999
Several questions arise:- Why should an abuser’s lawyers be entitled to see all the Police’s unused material including personnel records of abusers, journals, personal records of pupils, and other important documents during the criminal trial whereas the claimant’s lawyers are denied access to those very same documents? Why should a victim of abuse be penalised
- Published in Peter Garsden's Blog
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Your Client’s Character and the CICA
Wednesday, 01 September 1999
by Michael Lord It is a common feature of most abuse claims that a victim will be able to make a claim for Criminal Injuries Compensation. Under the terms of the scheme the Authority will look at your client’s criminal record. I believe that an injustice is caused by application of the rules in cases
- Published in Abuse News
Should the CICA judge victims?
Tuesday, 01 June 1999
by Peter Garsden Introduction Under the New Tariff Scheme victims of abuse have found it more difficult to make an effective claim because of the rules concerning previous convictions. When an applicant is rejected by the CICA because of his character/convictions, he usually feels he is the victim of the same sort of abuse that
- Published in Peter Garsden's Blog
Abuse and Vicarious Liability
Tuesday, 01 June 1999
Trotman V North Yorkshire County Council: CA (Butler – Sloss LJ, Thorpe LJ, Chadwick LJ ) 14 July 1998 Lister and others V Hesley Hall Limited: CA (Swinton Thomas LJ, Waller LJ, Johnathan Parker J) 7 October 1999 Can an employer be vicariously liable for the acts of an employee where those acts include abuse
- Published in Abuse News