Landmark Law Lords Ruling

Osem · 30-01-2008, 10:57

http://news.bbc.co.uk/1/hi/uk/7216895.stm

I'm pleased for the woman concerned but is this really going to change very much or could it open up a can of worms?

30-01-2008, 12:54

Mrs A said: "I'm both delighted and relieved that my appeal to the House of Lords has been successful and that I've succeeded in changing a law which will provide others in the future with a means of achieving justice.

"It was this rather than financial gain which motivated me to begin this process two years ago."

My Ass.

Osem · 30-01-2008, 13:06

A tad cynical perhaps??

Apparently there will be safeguards built into the system to ensure that sprurious claims aren't made simply in pursuit of compensation. Also of course there'll be relatively few people who'll have sizeable assets worth pursuing.

As the partner of someone who was sadly involved in 2 personal injury litigation cases I can tell you that for us the financial compensation element such as it was came a very poor second to ensuring that those responsible were held accountable for their actions. What compensation was received we'd gladly have traded in to wind the clocks back.

jkat · 30-01-2008, 13:45

Quote:

Originally Posted by Osem

A tad cynical perhaps??

Apparently there will be safeguards built into the system to ensure that sprurious claims aren't made simply in pursuit of compensation. Also of course there'll be relatively few people who'll have sizeable assets worth pursuing.

As the partner of someone who was sadly involved in 2 personal injury litigation cases I can tell you that for us the financial compensation element such as it was came a very poor second to ensuring that those responsible were held accountable for their actions. What compensation was received we'd gladly have traded in to wind the clocks back.

a long time comming, it goes a long way to wiping the smiles off their (the attackers) smug faces!

BBKing · 30-01-2008, 17:07

Quote:

is this really going to change very much or could it open up a can of worms?

Not going to change very much. Let's get this into perspective, all they've done is ruled that judges can exercise discretion in allowing lawsuits to proceed, rather than being bound by hard-and-fast limits set in law on how long you can wait before suing someone for damages. It doesn't make it easier to sue or more likely to win or get more money, Mrs. A could still lose her case, which would be in many ways a great shame, or she could win and be awarded Ãƒâ€šÃ‚Â£10k or some similarly insignificant fraction of the rapist's subsequent wealth.

Quote:

The law lords ruled that claims for sexual assault should be brought within three years in future - in line with other civil claims for damages - but said courts should have the discretion to extend the period to permit older claims, removing the six-year cut-off point.

Basically, that's all that's happened today.

It's also a shame that people concentrate on the fact that he won the lottery, which is irrelevant except in showing that fate and chance don't favour nice guys. There were other cases involved, usually people who'd been abused in local authority care, where the question of sudden acquisition of vast sums doesn't arise.

cookie_365 · 30-01-2008, 17:31

And this is only for personal injury and death cases, and the court has to take into account the reasons for the delay and the whether the defendant can still reasonably defend the case.

But it's still good news

jkat · 30-01-2008, 18:42

Quote:

Originally Posted by Tuftus

Mrs A said: "I'm both delighted and relieved that my appeal to the House of Lords has been successful and that I've succeeded in changing a law which will provide others in the future with a means of achieving justice.

"It was this rather than financial gain which motivated me to begin this process two years ago."

My Ass.

been raped have u?

30-01-2008, 19:02

Quote:

Originally Posted by jkat

been raped have u?

Do I have to have been to have an opinion?

jkat · 30-01-2008, 19:48

Quote:

Originally Posted by Tuftus

Do I have to have been to have an opinion?

no but i think u would change your opinion if u had?

30-01-2008, 20:50

Quote:

Originally Posted by jkat

no but i think u would change your opinion if u had?

For the money or for the justice?

Russ · 30-01-2008, 21:31

Seeing as financial gain is not her motivating factor, can we safely assume she will donate all proceeds to charity?

**Hugh** · 30-01-2008, 21:33

She might, but the lawyers on the "no-win, no-fee" basis won't (imho).

lostandconfused · 30-01-2008, 21:38

Something I dont really understand about this case, and all the other claim to gain cases.

Fair enough being compensated if you have lost out financially, such as had to take time off work because of it.

But why should anyone expect to be paid if something happens to them which wasnt their fault, such as slipping over in the street or even something as bad as rape.

Say someone is raped, then goes onto sue their attacker and gets X amount payout. Is that money going to make her feel any better? Or will it turn back time?

jkat · 30-01-2008, 22:00

Quote:

Originally Posted by Russ B

Seeing as financial gain is not her motivating factor, can we safely assume she will donate all proceeds to charity?

u up for a rape as well? u got a price as well?

Russ · 30-01-2008, 22:33

Quote:

Originally Posted by jkat

u up for a rape as well? u got a price as well?

I have NO idea what you're on about but if you're fishing for an argument you won't get one from me. It's quite a straightforward question. She has stated the motivation behind this case was not financial which would indicate she is not intending to keep any cash she gets from him, unless she's happy to run the risk of sounding a hypocrite.