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Nicola-mod
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THIS QUESTION is for Barrister Jo C.

Customer Question

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

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

You can sue him either way. The fact that he cannot be prosecuted in the criminal courts does not mean you cannot win in the civil courts. All the fact of a convition will mean is that he cannot deny the wrongful act in the civil courts.

You don't have a claim against the police though. There are lots of reasons a person may not be prosecuted. Some people are actually innocent. Sometimes the police cannot find the offender.

Sometimes they are lazy of course though. I suppose you could sue on that basis but its a high test.

We cannot have contact outside of the site I'm afraid under the rules of this site.

There are lots of public access barristers about though. You can try here

http://www.1itl.com/profiles/103

or

www.5pumpcourt.com

Hope this helps. Please let me know if you need more information.

Jo

Customer: replied 2 years ago.

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

Expert:  Jo C. replied 2 years ago.
Not in this sense.

There are human rights authorities that have said that they must consider every report of crime but they don't go as far as saying that they must solve every crime as, of course, they could not.

I think probably here the defence is abandonment from what you've said and the concern of the police was that there wasn't enough evidence to convict him. They are entitled to take that view.
Customer: replied 2 years ago.


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?

Expert:  Jo C. replied 2 years ago.
No, I can't agree I'm afraid that amounts to an abuse of human rights.

The criminal courts can award compensation but it probably won't be the sum of your loss and I would brace yourself to receive very little. Not many compensation orders are paid.

No court in the uk has the power to order punitive damages. We don't have them in the uk
Customer: replied 2 years ago.

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

Expert:  Jo C. replied 2 years ago.
No, I cannot confirm that.

The use of the words without prejudice is not an abuse of human rights.
Customer: replied 2 years ago.

Please explain case verdict which says it is - also what damages were awarded in that case and your case summary please

Expert:  Jo C. replied 2 years ago.
I'm really sorry but I'm afraid I'm not going to be able to read a whole case.

I know human rights well and the use of those words are nothing even remotely like a breach.

I will opt out for others.
Customer: replied 2 years ago.


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)

Expert:  Nicola-mod replied 2 years ago.

Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.


please wait

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Hi; question mostly unanswered and without supporting case law analysis - please refund all of my payment(s) asap . . .

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