How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69509
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I was assualted yesterday in an un-provoked attack by someone

Resolved Question:

I was assualted yesterday in an un-provoked attack by someone I know who came looking for me specifically so he could assualt me due toa disagreement over a golgf game a few months ago (believe it or not !!). I was left with severe facial injuries requiring hospital attention where i was taken by ambulance. The assualt happed in a working mens type of club front of 20 witnesses and was covered by CCTV. The person who assaulted me has called the police today (thay had been looking for him all night) and admitted the assault, and that it was un-provoked attack. Due to the fact that this thug does not have a criminal record for assault I have been told that they will visit him at home he will be cautioned and as far as they are concerned that is the end of the matter !! What can i do ? my face is a mess, I am off work, he has admitted the assault and that it was unproked attack on me, plus there are an army of witnesses, CCTV and the scenes of crime officer has taken around 25 photos of my injuries. This seems so unfair what can i do ?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

Are you hoping to stop him being cautioned?
Customer: replied 3 years ago.

The police have given me choice of him getting a caution or a community restoration (something like that) meaning he will appologise to me. For the vicious beating i got i want him prosecuted and want to claim for my personal injury , taxi, time off work etc


shawn

Customer: replied 3 years ago.

FOR JOMO1972



The police have given me choice of him getting a caution or a community restoration (something like that) meaning he will appologise to me. For the vicious beating i got i want him prosecuted and want to claim for my personal injury , taxi, time off work etc

Expert:  Jo C. replied 3 years ago.
I'm really sorry but there is no way of forcing them to prosecute. The decision of whether or not to prosecute is now for the police alone. They don't even need CPS advice.

Ultimately whether or not an offence is suitable for a caution is for Parliament. A common assault from a person with no previous convictions who admits the offence is suitable. They don't need you to agree.

You can sue in the civil courts for assault for your actual losses but for common assault it is generally just a low amount for pain and suffering plus any actual financial losses.

You can complain to officers but it will not deter them I'm afraid. A complaint does not decide on sentence in the uk.

I'm very sorry as this is probably bad news.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

FOR JOMO1972



If I sue in the civil courts what can I sue for recompense for my injuries ? and if so what sort of amount would be the norm, also time off work,taxis etc. If I do sue will i get awarded my legal costs ? seeing as he has admitted the offence, and how long does this procedure take


shawn

Customer: replied 3 years ago.

FOR JOMO1972



If I was to sue would the police provide me with the scenes of crime photos they took, plus the full address details of the person who assaultedme if i ask or will i be completely on my own ?


shawn

Expert:  Jo C. replied 3 years ago.
Obviously I haven't seen the injuries but if its an offence suitable for a caution then probably you are not going to get a high sum.

The police are not likely to have done anything other than taken statements. Its not a SOCO type case. They are not likely to provide that and a court will not order disclosure unless he starts denying it.

They probably won't give you his details but the golf club might. You might need to get a court order of disclosure to get around the data protection act.
Customer: replied 3 years ago.

FOR JOMO1972


both my eyes are badly bruised, one eye is nearly fully closed, i have extensive bleeding in one eye which has left it completely blood shot, both sides of my face are brusied and puffed up as is the back of my head behind my ear, the blood vessels are burst in my eyelids leaving them bloodshot. Scenes of crime came around this morning already and took around 25 photos of my injuries


shawn

Expert:  Jo C. replied 3 years ago.
You probably would need to get a court order for disclosure of the photographs but they would do so then.

Customer: replied 3 years ago.

 


FOR JOMO1972


Would I be able to claim my legal costs and if so is this the type of no win no fee case that solicitors take on ? If I did have to pay what sort of costs do you think I would incurr to get him into court (and will I get them back and how)


shawn

Expert:  Jo C. replied 3 years ago.
No, its not suitable for no win no fee. The damages are too low for a solicitor to claim costs.

However, its a small claims court claim so the costs won't be onerous. You will be able to claim fixed costs back.
Customer: replied 3 years ago.

If i take him to the small claims court how easy and expensive is it to get a disclosure order in advance to get all the SOCO photos and witness statements.


Can i get personal injury compensation from a small claims court ? as well as time off work expenses etc


Shawn

Customer: replied 3 years ago.

FOR JOMO1972


have just checked and and guess small claims court can not be used for personal injury compensation, so back to my earlier question how do I go about claiming for personal injury, time off work and taxi all in one go ? and if i go down this road through the civil court will i need a solicitor will i get my legal costs back (as he has already pleaded guilty to the offence) how to i apply for a disclosure order in advance in orderr to take him to a civil court


shawn

Expert:  Jo C. replied 3 years ago.
It can up to £1 k which is realistically the maximum if this claim.
Jo C., Barrister
Category: Law
Satisfied Customers: 69509
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

FOR JOMO1972


as he has now accepted the police caution for the offence should i just go to a solicitor and start a civil case, as presumably he will have to plead guilty (having admitted to the police the offence and did not dissagree with all points put to him by the police) and it will just fall to the judge to decide what I will get ? if so I have nothing to lose ?


Shawn

Expert:  Jo C. replied 3 years ago.
Yes you do have a claim. He cannot deny the offence because he has accepted a caution.

However, your injuries will not attract large sums in compensation.

The good news is that you can sue cheaply at the small claims court, the bad news is that a no win no fee solicitor will not be interested because they cannot claim costs.
Customer: replied 3 years ago.

FOR JOMO1972


last questions can i claim for personal injury in the small claims court and if so how do i put a value on my injury do i just put say £1000 in my claim and let the judge decide if thats fair ?

Expert:  Jo C. replied 3 years ago.

Yes you can claim for personal injury consequent on assault at the small claims court as long as the claim is under £1000. It is for the court to assess your injuries but I'm afraid you have no reasonable claim for more than £100 to maybe £300 if this is just soft tissue injury.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice