Client D instructed Farleys in October of 2020 in relation to abuse that she had suffered during childhood. She was dissatisfied with her previous solicitors and required advice in relation to a potential claim for damages following abuse suffered in childhood.
Background
Client D had had a difficult life and suffered multiple incidents of abuse from an early age. She had been abused by her step brother, by a family friend and has also been raped as an adult at a party. She had already brought a CICA claim in relation to one of these three incidents and was looking to bring additional CICA claims for the two further incidents.
How Farleys Were Able to Help
This was an extremely complex case. There were many issues that had to be addressed. Firstly there was the time limit. Client D was over 50 years old when she initially instructed Farleys. Any claim was at least 30 years out of time and the CICA had to be persuaded to allow the claim to proceed on the basis of “exceptional circumstances”.
Causation was also a real issue. It was arguable that Client D’s psychiatric injury arose from the CICA claim that had already been settled. A Professional Negligence claim was contemplated against the solicitors who had dealt with the previous claim on the basis that it should not have been settled in isolation of the other claims.
Jonathan Bridge of Farleys acted on behalf of Client D. At first instance the CICA refused to make any compensatory award.
Evidence was gathered in support of a Review Application. Evidence was produced to show that the abuse happened even though it was over 40 years ago. Evidence was also produced to show that Client D has cooperated with the Police in their investigations albeit that this has not resulted in a conviction of the abuser.
On considering the further evidence produced the CICA reversed their original decision and agreed to make an award. At the review stage they offered Client D the sum of £16,500 in May of 2022.
Farleys advised Client D to appeal this award as it failed to take account of her loss of earnings. Medical evidence was commissioned from an independent expert which established that not only had Client D suffered a permanent mental injury as a result of the abuse that she had suffered but also dealt with causation and loss of earnings. The expert agreed that for much of Client D’s life she had been unable to work because of her psychiatric injury and that this position would continue.
The matter went to an appeal before the First Tier Tribunal. Schedules of Loss were prepared and served on behalf of both the Appellant and Respondent and the matter was progressing to a full appeal hearing. The CICA conceded many of the points raised on behalf of Client D and eventually produced a counter schedule which accepted the loss of earnings claim and totalled in the region of £160,000. On this basis Client D was happy to compromise the claim and the tribunal endorsed the award of £160,000 to conclude the claim.
Contact a CICA Abuse Claims Specialist
Our abuse claims specialists at Farleys have extensive experience of acting on behalf of client in claims to the Criminal Injuries Compensation Authority. We understand it can be difficult to talk about what you have experienced but will be available by phone or email to discuss your case in confident whenever you are ready. Get in touch on our dedicated abuse line 0330 134 6430 or complete our online contact form.
