Legal question

[Daimo]

After being attacked, i've been informed of the "government" CICA where I can persue a claim for injuries.

Now my issue with this is, that im guessing its coming out of the public money funding pot, and I don't think this is really fair on the taxpayer.

But, I don't know where legally I stand on persuing a personnal claim against this guy using solicitors and not going via CICA. I've never had anything like this before, so i've got no idea about what would happen.

The bloke hopefully is being charged with GBH, and i'd like to sue him personnally for damages rather than go the CICA route. Is this possible? I see it that he would have to pay me out of his pocket, rather than me using the government injuries compensation hence out the taxpayer pot.

So should I look at getting a solicitor and going personnal, or use this other method? Im not too worried about the amount, im more interested in making this bloke suffer both legally, and financially.

Anyone had any experience with anything like this as I know the old "daytime TV" legal adverts don't cover this as its a serious police charge.

Taaa.

[454697819]

Mate

You would get ur money £1 a week for 14500 weeks..

We have paid the tax as you have, Id rather you used it to get urself sorted or so you feel Just than it sit there bailing out another bank...

Regards

Alex

[yorkie_chris]

I believe if you are awarded compensation by the court when he gets sentenced then he will have to pay it (albeit probably at some insultingly low payment per-month)

[Ed]

Is all here:

http://www.cica.gov.uk/

NB - the time limits are strictly applied. A miss is as good as a mile. Very noble in not wanting to claim on taxpayers but that's what it's there for.

You could sue the bloke who attacked you - but so what - does he have any money to meet a damages award?

[Milky Bar Kid]

I believe if you are awarded compensation by the court when he gets sentenced then he will have to pay it (albeit probably at some insultingly low payment per-month)

That's different from CICA though. The court may order him to pay you compensation as part of his sentence, should he be convicted. But CICA is seperate to that and does not require a conviction to apply, although, I don't know what the liklihood is of getting it if the person isn't convicted.

[yorkie_chris]

Ah right.

Would it also be a problem suing him personally if the court has already awarded you compensation?

[Milky Bar Kid]

Ah right.

Would it also be a problem suing him personally if the court has already awarded you compensation?


Dunno how that will stand to be honest as suing him would be through the civil courts but I imagine it would go more in the convicted persons favour than the victim who is trying to sue.

Personally, I would use CICA. I think its a big pot made up of a lot of different areas, not sure it's just taxpayers money.

[yorkie_chris]

What makes you think it will go in criminals favour?

Even if it is not directly taxpayers money then it is coming out of Joe Public's pocket somewhere down line, but, I would probably use that too.

[Milky Bar Kid]

Just because he's already been ordered to pay compensation. Like I said, I don't know for sure!

[yorkie_chris]

Me neither but I can see where you are coming from, they would perhaps see it that justice has already been done.
But that is assuming he gets ordered to pay compensation, if not then more of a chance.

And I don't think a civil court would make the terms of repayment any more unpleasant than a criminal one? Or would/could they?

[Messie]

I'm fairly sure that some of the CICA money pot is made up of 'contributions' from those convicted. If my memory serves I think an extra £x amount was added to people's fines/costs to go specifically into this fund. So it's not just taxpayers money

[Milky Bar Kid]

I'm fairly sure that some of the CICA money pot is made up of 'contributions' from those convicted. If my memory serves I think an extra £x amount was added to people's fines/costs to go specifically into this fund. So it's not just taxpayers money

Yeh, I was thinking that too but couldn't remember exactly.

I think the route of suing the guy might end up pretty costly and I would deffo suggest CICA. It's what its there for. At the end of the day, just cause a couple of people don't claim, it's not gonna mean the money is spent on anything else.

[MisterTommyH]

I say use the scheme that's there.

If you don't claim it'll just go to someone else or into next years pot. Very doubtful it will get re-allocated to anything else.

[Daimo]

Cheers for all the replies.

I didn't know it if it was taxpayers money, I thought it was kinda like the car insurance pot where x amount goes in from everyone. If the funds are made up partly by criminals I feel much better about it.

Just need to get his name and court date then really :) Will let you know what eventually comes of it.

[SoulKiss]

Been thinking on this...

If he was on a works do, ie a works organised event, is his company not somehow liable for his actions, at least in part?

Worth bringing it up with them anyway - drop him in a bit more of the doo-doo

[Teejayexc]

Im not too worried about the amount, im more interested in making this bloke suffer both legally, and financially.



Would be more *just* if a few of your mates paid the 2@ a visit !

[Viney]

After being attacked, i've been informed of the "government" CICA where I can persue a claim for injuries.

Now my issue with this is, that im guessing its coming out of the public money funding pot, and I don't think this is really fair on the taxpayer.

But, I don't know where legally I stand on persuing a personnal claim against this guy using solicitors and not going via CICA. I've never had anything like this before, so i've got no idea about what would happen.

The bloke hopefully is being charged with GBH, and i'd like to sue him personnally for damages rather than go the CICA route. Is this possible? I see it that he would have to pay me out of his pocket, rather than me using the government injuries compensation hence out the taxpayer pot.

So should I look at getting a solicitor and going personnal, or use this other method? Im not too worried about the amount, im more interested in making this bloke suffer both legally, and financially.

Anyone had any experience with anything like this as I know the old "daytime TV" legal adverts don't cover this as its a serious police charge.

Taaa.
What is wrong with you, as in what have to calim for? Are you disabled by the attack, or lost earnings or anything like that? If not why claim? Man up ffs ;)

I hate this blame culture that we seem to have adopted from the US of A. Claim for this claim for that. Its all crap. If you got into a fight years ago then you would take it on the chin (no pun intended) now days everyone sees it as a way of getting money. If youa re out of pocket then sue, if your not then walk away. If you dont, then you never will have the right to moan when your insurance premium goes up

[timwilky]

Daimo

when I was attacked, the guy was convicted of affray and ABH. I had to have my nose reassembled under a general a week after it happened.

I had extensive bruising to my face, chests, legs, groin from kicks whilst I was out of it.

His punishment :-

£500 fine, £400 compensation and £400 costs as he had pleaded not guilty at 4 previous hearings. He claimed to be unemployed and therefore the £1300 would have been a hefty sum, truth was he was between contracts. He paid the lot off in a single cheque so he already had the money. I was told I am eligible for the criminal injuries compensation scheme but the £400 he paid me would be deducted from any award. So I have not bothered with a claim.

I want my attacker to be punished, not the tax payer. As they say revenge is a dish best served cold. I would never consider advocating just desserts. But if somebody in Glasgow who has been looking for him for over 20 years was to get his address (He left Glasgow in a hurry). Well it would be poetic justice.

Viney, why should I get compensation? Well he has ruined my rugged good looks. The shock of the attack has made my hair fall out and what was left grey. I have had £400 of NHS dental treatment loosing a front tooth directly as a result of the attack. That aside I would rather take my compensation with his head and a pair of hob nail boots.

[Daimo]

I wasn't intending to sue him at all. Its the police officers that are informing me of everything and that I should do it. Its a minimum of £1000.

Luckily no broken nose or anything. Just a very swollen, scratched, cut, black eyed, face. Lockjaw, lots of cuts inside mouth etc. Its kept me off work all week so far. Had to drink through a straw, and haven't been able to eat properly. Already lost over half a stone since friday. Its left me quite depressed and withdrawn. If you really want pictures....

In all honesty, its more justice I want if anything. I'd rather he lost his job and got a criminal record, but as I say, the police are nudging me to claim as well. Im not one of these "claimer" people really.

And Viney, it wasn't a fight. I was sitting down and got attacked for no reason. Witnesses, CCTV etc all prove I done nothing wrong, bloke just took a nights frustration out on me. I put what happened in the xmas party thread.

[-Ralph-]

And Viney, it wasn't a fight. I was sitting down and got attacked for no reason. Witnesses, CCTV etc all prove I done nothing wrong, bloke just took a nights frustration out on me. I put what happened in the xmas party thread.

Why did he pick you?

[Daimo]

He says he had a load of abuse and jeers as him and a friend were dragging his wife down the corridoor.
They came outside, still dragging her, and I called her a "slut" or "slag".... So he says.

Why on earth would I call someone that ****ed a slut or slag? Totally wrong context, wrong word, wrong usage, and a bit low.

Sure I can see me saying something like "shes absolutly sh*tfaced", or "shes off her pickle/wasted" etc, but I certainly wouldn't have said what he said I shouted out. (I also wouldn't have shouted it out either).

He came over already in a mood from the other jeers and pushed me over. He claims I got up and looked "threatening and like i was going to hit him." This is more BS.

Firstly, I had no idea why he's pushed me over, i'd have got up and said something like "what the f*** do you think your doing" but I don't just lash out with punches? Im not a thug or an animal, i'll leave that to the chavs. Ironically everyone thats been told has said that that doesn't sound like how i'd act.

So as I got up, he just lashed out in punches. He claims to have hit me once or twice. Even though I got up, got knocked down again, got up again, girl jumped in between us to stop him, and him carrying on hitting me and knocking me out. Witnesses have stated I didn't shout anything out, didn't throw punches, nor acted in any aggressive manner. I literally got up, took the punches, got up again and held my arms out to stop him hitting me, which obviously didn't work.

Its on CCTV, and its why the police are so keen to charge him as it was so un-provoked.

tbh, even if I had shouted out, I know I wouldn't have, but even if I did, it doesn't warrant the result.

The sheer fact he ran off, then had the cheek to come back (its a Hilton hotel) and start drinking again, even after dumping his wife off, shows his character. Police won't tell me if he has, but the officer hinted he already has a record where as im a good boy, never been in trouble and another reason they want to do him.

Think my MD of my company wants to take business legal action out too, but thats just hearsay over a phonecall to my boss. Im yet to find out more about this. Still waiting for the police to get back to me with some more details though.