Victim claiming compensation

[Blossom1980]

I wonder if you guys could shine a light.

My husband has been charged with a serious assault and is currently going through the court system right now...its early days.

In the meantime the 'victim' has got a lawyer and going down the road of compensation. they are seeking £20k plus expenses

a) is this right given that my husband has not been found guilty/not guity. It's quite possible he'll received a compensation order through the court anyhow
b) They have stated that they can apply to the courts to freeze our assets if we do not respond, we do not own our home and have no access to savings, what else are they able to take from us...Jewellery, Furtniture, Goods from our home ??

I would appreciate some advice.

[Barmaid]

Claiming compensation is civil law as opposed to criminal law. The difference is on the way the case is run and the burden of proof. In criminal law you are only found guilty if the prosecution proves its case beyond reasonable doubt. If it's civil law the burden of proof is on the claimant as is to the standard of the balance of probabilities (ie what is more likely than not).

Assuming you were not involved, they cannot freeze your assets but could apply for a freezing order on your husband's assets. If you don't own anything that is kind of pointless really. Freezing injunctions are more commonly used for people who are likely to move assets offshore, not for a bit of jewellery. They cannot "seize" anything until they have a judgement against your husband though.

What were the injuries the victim suffered?

[Barmaid]

Sorry for my sentence "If you don't own anything" read "If your husband doesn't own anything".

[Blossom1980]

Many Thanks - that's helpful.

I wasn't involved with the incident...although I was there (does that make sense?)

there was a great deal of provocation from the victim and the fight was broken up at least 3 times. Because the 'victim' was biting my husband, my husband bit his ear, as he was pulled away, some of the ear came away. It was a small piece however after the doctors finished stiching it up he has a piece of his ear missing. He will be having reconstuctive surgery as a result.

What makes it worse is that I work with the 'victim', this happened at a christmas party. He's claiming that he's been psychologically damaged, yet I see him joking around at work and gobbing off on how much money he is going to get from us - if he only knew we don't have anything! I appreciate he has also been through a lot however I feel it's the family that will suffer i.e my young daughter and I

Once there is a judgement and should my husband receive a custodial sentence, how do we pay that level of compensation with only 1 income and as I said before we just don't have that kind of money!

[Barmaid]

It is quite simple blossom, he can't have what your husband hasn't got. He would be better making a claim on the Criminal Injuries Compensation Board rather than you directly. Link here: http://www.cica.gov.uk/.

I do think you need legal help though.

My gut feeling is that £20k is far too high a quantum for loss of part of an ear - particular if his senses are unaffected and there is little cosmetic damage (after reconstruction). I assume there will be loss of earnings too though.

I also take the view that in civil law the provocation/contributary fault of the victim will be taken into account to reduce his damages.

[Barmaid]

And he's going to need a pretty hefty diagnosis of PTSD to get anywhere near that level of compo.

[Blossom1980]

Thank you so so much for you reply...I feel better now :)

We do have legal representation although only on the criminal side, we've been advised to seek another firm to sort out the civil matter. We're currently awaiting a decision from the legal services commission regarding our contributions.