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Old 22-12-10, 12:55 PM   #1
Daimo
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Default Legal question

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.
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Old 22-12-10, 01:01 PM   #2
454697819
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Default Re: Legal question

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
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Old 22-12-10, 01:01 PM   #3
yorkie_chris
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Default Re: Legal question

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)
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Old 22-12-10, 01:03 PM   #4
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Default Re: Legal question

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?
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Old 22-12-10, 01:04 PM   #5
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Default Re: Legal question

Quote:
Originally Posted by yorkie_chris View Post
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.
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Old 22-12-10, 01:07 PM   #6
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Default Re: Legal question

Ah right.

Would it also be a problem suing him personally if the court has already awarded you compensation?
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Old 22-12-10, 01:10 PM   #7
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Default Re: Legal question

Quote:
Originally Posted by yorkie_chris View Post
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.
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Old 22-12-10, 01:12 PM   #8
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Default Re: Legal question

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.
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Old 22-12-10, 01:13 PM   #9
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Default Re: Legal question

Just because he's already been ordered to pay compensation. Like I said, I don't know for sure!
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Old 22-12-10, 01:16 PM   #10
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Default Re: Legal question

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?
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