Client V instructed Farleys Solicitors to bring a CICA claim on her behalf and the claim was submitted on 18 August 2015. Settlement monies were eventually paid by the CICA in August of 2024 following protracted and complex litigation including two separate review applications and two separate appeal hearings.
Background
Client V suffered terrible abuse at the hands of her uncle during childhood. This included multiple rapes. Client V had a complex history with other factors that could also have contributed to ongoing mental health issues. She instructed Jonathan Bridge who heads the abuse claims department at Farleys to pursue a CICA claim on her behalf in relation to the abuse by her uncle.
Initial Claim
The initial claim was rejected by the CICA on two grounds. The CICA contended that there was a failure by the applicant to report the matter to the police, in breach of paragraph 22 of the scheme, and also contended that the applicant was out of time in bringing her claim.
A review application was submitted, putting forward grounds to justify the delay in bringing the claim and also evidence to support the police involvement, but the claim was again rejected by the CICA.
It took until the 3 May 2019 and an appeal on behalf of the applicant for the CICA to eventually accept that paragraph 22 of the scheme was satisfied, and also to agree that there were exceptional circumstances in relation to the alleged delay in submitting the claim. On this basis the appeal was allowed by the tribunal and referred back to the CICA for quantification of the claim.
Next Steps
Farleys obtained quantum evidence to include a report from a consultant psychiatrist, full medical records, police records and HMRC/DWP records.
Farleys contended that this was a high value claim but, despite this, the CICA put forward an initial offer of £3,600.
The applicant asked that this decision be reviewed, partly because it did not take account of the seriousness of the abuse that the applicant had suffered and partly because it failed to take account of the impact that this had had on the applicant’s life and, in particular, her ability to work.
The CICA ignored these representations at the review stage and repeated their offer of £3,600.
The applicant rejected this offer and submitted updated medical evidence which again showed the impact that the psychiatric injury had had upon her and her ability to work.
Appeal
The matter eventually proceeded to a full appeal hearing. Unusually, Farleys decided to instruct counsel to deal with the appeal. Appeals are often dealt with by Farleys in-house but the complexity and potential value of this claim necessitated the involvement of counsel and Chris Taft of Nine St John Street Chambers was instructed.
Following a contested appeal hearing he secured an award for the applicant of approximately £195,000. In addition, the tribunal ordered that the CICA pay the costs of the medical expert in preparing his report, which was necessary in valuing both the tariff award and the past and future loss of earnings claim. The award of £195,000 included an award for a permanent psychiatric injury, which the applicant had suffered as a result of the abuse, together with an award in relation to her past and future loss of earnings.
Commenting on the case, Jonathan Bridge said,
“This is one of the longest running CICA cases I have ever dealt with. The CICA are slow at dealing with claims involving historic abuse which tend to be complex particularly where there is a significant loss of earnings claim. I am pleased that the applicant persevered and that we eventually obtained a substantial settlement for her.”
Client V commented,
The CICA process has been long with many hurdles along the way. I would not have been able to achieve such a successful outcome without the experts at Farleys. I would encourage anyone who is thinking of submitting a claim to contact Farleys, no matter how straightforward they think their case may be. Farleys have been nothing short of amazing and I have had an expert there to guide me at every step of the process.
To speak to an expert in CICA abuse claims in confidence, you can call our dedicated abuse line on 0330 134 6430, or you can contact us by email or through the online chat below if you prefer. We know it can be difficult to speak about your experiences but whenever you feel ready, our specialists are available to discuss your claim with the care and sensitivity you deserve.
