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THIS QUESTION is for Barrister Jo C.
Hi; please advise me here and many thanks for your help - can the Court award me damages against a proven thief, if the police criminally prosecute him?If they refuse to prosecute, am I able to claim said compensation from them? Is non-prosecution of the thief, a violation of my rights under the currently enacted Human Rights Act, whereby I am entitled to protection of my property? Am I protected by any other law(s) passing liability to said disinterested / lazy police force?Kindly email your reply urgently/asap to: xxxxxxxxxxxxxx or post to xxxxx xxxxxxxx. ALSO will you personally represent me? Cost please? Insurance cost if we lost/appeal cost/case law advice too pre trial please.Thank you with kind regards,Philip
Hi Jo; thanks for replying.
Does the Human Rights Act have/impose a duty of care ensuring police protect my property by prosecuting a criminal who admitted he stole/took my car from my house parked in my private spot - albeit he says a neighbour said it was dumped? He sold my car as scrap and has even retained that cash = is a thief whether or not simple or thus pretending.
I prefer to sue the police if possible as it is best to avoid criminals - even the police appear frightened
Hi again Jo; where they used the term in replies "without prejudice" just out of habit for no really important reason, surely that is an abuse of my human rights under the currently enacted Act - Case Law Prudential v Prudential 1/Feb/2003 litigation letter - what damages were awarded here and surely it sets a precident for summary/exemplary damages?
Also the first part of my question - if the police did prosecute could the judge award me compensation paid by the thief who still retains the scrap metal cash for my car; would the damages against the thief be punative too, or just the car's value including a value for my lost sentimental memories?
Hi; please refer to Prudential v Prudential case properly; as reported = HR abuse for habitual use of "without prejudice". Please confirm damages awarded there together with case summary - I have no case access
Please explain case verdict which says it is - also what damages were awarded in that case and your case summary please
Hi again Jo; you appear to be placing your own opinion above the Judge's without even checking the case summay. I am prepared to check it but have no access; so if your forward the case summary to me, that will suffice.
All I have is:
Article 10 of the ECHRand s12 of HRAct 1998 conferred on everyone the right of freedom of expression, including the right to receive and impart information and idea without interference by public authority and regardless of frontiers. The Court was enjoyed to pay particular attention to the convention reight to freedom of expression. Prima facie, the right was engaged by the without prejudice rule but justified by the public interests which underlie it. There was therefore a need to apply the without prejudice rule with restraint and only in cases to which the public interests underlying the rule are plainly applicable.
i-law.com holds the case but I have no access.
Clearly you need to check to correct yourself/help me/probably become an expert upon use of "without prejudice" and enjoy casework / trials / fees accordingly. Please check it out and reply - thanks Jo - hopefully, Phil XXXXXXXX- LL.B(Hons); Cert Acc(OU)
Hi; question mostly unanswered and without supporting case law analysis - please refund all of my payment(s) asap . . .