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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8976
Experience:  I have been practising for 30 years.
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Criminal Law. England and Wales. I am a paralegal. A client

Resolved Question:

Criminal Law. England and Wales.
I am a paralegal.
A client has been harrassed (non employment related) (6 abusive text messages)
The police have issued the perpetrator with an harassment warning.
In addition my client wishes to sue in the civil Court for damages based on anxiety.
Can he do so?
If so what sort of compensation can be expect?
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.
There is no claim for damages in respect of defamation for any comments made to a person’s face.There may be a claim for anxiety if a psychiatrist will confirm that there is a recognised psychiatric injury resulting from the harassment. Without that, the claim will fail. The Psychiatric report alone will usually cost about £800 plus VAT. After having spent that money, the report may still be unfavourable.I think it’s most unlikely, based upon what you have said that this claim has even a vestige of a chance of succeeding. This is not a claim which I would think any personal injury law you would take on, on a no win no fee basis.It would probably not be wise to take it on a fee paying basis either because if the claim does fail and the client makes a complaint that they should have been told earlier of the very limited chance of success they would have grounds for that complaint.It is not to say that there is no claim here. There is a claim. It is just that it is a claim which is going to be extremely difficult to prove.If you go back to basic principles, there has to be a duty of care, the duty has to be breached, the claimant has to suffer loss or injury and the loss or injury must be reasonably foreseeable. A court is unlikely to find but it is reasonably foreseeable that sending half a dozen text messages would result in someone getting psychiatric damage or injury.Can I clarify anything for you?Please rate the service positive. It is an important part of the process which is the only way that experts get credit.Best wishesFES
F E Smith, Advocate
Category: Law
Satisfied Customers: 8976
Experience: I have been practising for 30 years.
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