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Instructing a barrister(14 Posts)
Have any of you got experience in this regard?
I’m on the fence about whether to try to pursue my claim for compensation in court.
The nature of the claim is a tricky one - I was assaulted by a doctor (no witnesses or cctv of course).
I’ve just had a successful CICA claim so CICA believed me based on the police’s report and investigation and my expert psychologist report.
I’ve also had support from the ICO telling the hospital to give me data it has repeatedly refused to give me.
I’m chasing the matter with the Ombudsman.
I’m not interested in money one bit, so it’s not about that. I need to get closure on this but I’m not willing to place my family’s finances in jeopardy to try to get justice.
So.. do any of you know where to go for a good barrister (or any) and an idea of costs?
Oh and to add the hospital denied liability for the assault and stopped short of calling me a liar.
Is there a reason you have specified a barrister rather than a solicitor? Usually you have to instruct a barrister through a solicitor, unless they are direct access barristers which I think are limited. But either Google direct access barristers in your area and with the specialism you need, or solicitors.
Is it that you want advice and if positive then drafting of pleadings? You can basically pick any decent PI/common law set and ring to find out who takes direct access and rates. You might want to speak to a PI solicitor first as they will be able to give you an idea of your chances of success.
Have you received CICA damages? You can't have two bites of the compensation cherry.
@NoWordForFluffy - I’m aware that if I were to succeed at civil action against the Trust I have to return any CICA payments. It’s very clear in CICA’s correspondence but one can pursue action against the perpetrator and from CICA st the same time.
I’m not sure there’s much of a cherry!
It’s more representation i need in court if I pursue it to court.
Thanks for the tips folks - I do mean a direct access solicitor. I’m too far down the line for a solicitor to take the case, I think
Yes, you can. But my firm wouldn't touch you if you had an ongoing / successful CICA claim.
That, I suppose, is why I’m looking for a barrister
A barrister won't run a civil claim alongside a CICA claim. You'll need a firm of solicitors to start a civil claim for you. If you need representation for the CICA claim then yes, you can find a direct access barrister.
I'm sorry to hear what you have been through. I hope you're doing as ok as possible.
When did the assault happen? Given the slowness of the CICA I'm assuming it was a while ago so you may need to move quickly with a civil claim.
Are you in England/Wales? Different procedures etc for different nations so just checking.
You'd need a solicitor first.
My favourite barrister for sexual assault.civil cases is Justin Levinson of One Crown Office Row but I don't believe he accepts direct instructions.
You're absolutely correct to say you'd have to return funds to CICA should you recover damage in a civil claim. However damages in a civil claim tend to be higher than the tariff amount from CICA so often extremely worthwhile doing.
I actually succeeded with my CICA claim for sexual assault and psychological damage.
That’s why I wanted to pursue the civil claim.
I’d rather re-pay CICA and have the Trust accept responsibility of course because that’s how it should be.
Instead they dismissed my expert report and were adamant the event hadn’t happened and threatened legal action against me.
I’m not interested in the money for my sake )and actually wouldn’t want to spend it so I’d probably give it away) but it’s the principle.
I’ve lost family over this event and been through hell so I sort of want to end it but find it hard to stop fighting
@Blue4YOU I doubt you're too far down the line. A conversation could very much point you in the right direction at least. A significant proportion of my work is sexual abuse and assault cases. I'm currently dealing with a claim against The Priory and have settled claims against two different NHS trusts for abuse perpetrated by their employees. I'm more than happy to have a chat with you if you like.
I'm being a bit dim and can't see how to direct message you though, if you message me I can send you my work email address and number etc.
I hope you're doing as ok as possible. I'm sorry this has had such a horrible impact on your family relationships.
Oh thank you so so much!! I got your message and will reply