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Hey Webmasters! New Photo Album Service Launched - Check it out!ACAL (Association of Child Abuse Lawyers)
Welcome to our forum. Feel free to post a message. This forum is for not only members of ACAL but also survivors, or any others who have views. The purpose is to enable members or survivors to exchange views on not only different legal topics which affect the cases they are involved in, but also any worries survivors may have about anything they wish to discuss. Please remember that this forum is not private and can be read by anyone. We are keeping under review whether the forum should become private and available to members only.
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| Viewing Page 1 of 1 (Total Posts: 29) |
| Author | Comment |
Peter Garsden
Mar 22, 05 - 6:36 PM |
Test
I would like the committee to let me know what they think of this forum. |
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Nicola Harney
Apr 6th, 2005 - 9:05 PM |
Re: Test
I think the idea of a forum is great. I think we should reserve it as a benefit to our members. Thank you Peter for locating a free one too |
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Tracey Storey
Apr 13th, 2005 - 10:57 PM |
Re: Test
Peter - I'm confused. It says its not open to the public. I thought it is. |
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Peter
Apr 14th, 2005 - 4:43 AM |
Re: Re: Test
Ah yes - see the problem now - I set this up ages ago when I thought it was members only. Richard said strongly it should be for everyone - I notice that I changed the site wording but not the Bravenet end - sorry will do this tonight. Thanks for this I wouldn't have noticed. |
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anon
Apr 26th, 2005 - 7:53 PM |
Re: Test
Hi Peter. Nice to see a site running like this. I am a client of yours from Liverpool and would just like to ask how we stand at this moment in time regarding the Limitation Law. Yes would like to see this site for members only if possible |
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Peter
Apr 28th, 2005 - 10:23 PM |
Re: Re: Test
Limitation is a huge subject. Basically there are quite a few adverse decisions at the moment. We are campaigning for a change in the law so as to equate the rule on intentional assault which is presently 6 years unlimited with the rule on negligence which is 3 years extendable. This would mean that there should be more justice for survivors. It is a big subject upon which I have written an article for the most recent ACAL Newsletter. If you email me at work peter@abneys.co.uk I will email it to you. This explains in more detail the problem. |
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jim browne
May 3rd, 2005 - 3:16 PM |
Re: Test
Peter. Many thanks for the information regarding the Limitation Law. I feel we all have to figt for a change in this law, not just for ourselves, but for people in years to come who may fall into the same situation that some of are today. If I could make a suggestion to you please. We have a copy of a letter on the site for which to send to our local MP regaing the legal aid situation, which I have sent to my MP and have had a really postive answer from the Home Secretary. I am now pushing my MP for his help with Limitation, but could really do with a test copy of a letter which to send him. We are not all legally minded at this time and may not get the questions right, so maybe a draft copy may help us to help you. Cheers. |
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Peter
May 3rd, 2005 - 9:27 PM |
Re: Re: Test
You must be psychic because as we correspond I am doing just that - it will appear on the home page - a link to the Time Limit Campaign with a suggested letter to send off. Watch the site tomorrow am. Regards |
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jim browne
May 3rd, 2005 - 3:41 PM |
Re: Test
Sorry, the Legal Aid letter was from The Department of Constitutional Affairs and not the Home Secretary. |
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jim browne
May 12th, 2005 - 2:20 PM |
Re: Test
Hi Peter. Just to let you know that I recieved a reply from my Local MP this morning regarding the Limitation Law, this is his reply below. Dear Jim, I wanted to thank you for your e-mail. I will look into the issues you raise and will respond more fully in due course. Best wishes Joe Benton |
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Peter
May 12th, 2005 - 5:31 PM |
Re: Test
Well done Jim keep up the good work. Let's hope with pressure we can get a result. In a few weeks time I am going to do a mail drop to all the survivors on our database with a suggested letter to their MP. If you receive this you can ignore it. Just to let you know. |
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jim browne
May 12th, 2005 - 6:44 PM |
Re: Test
Hi Peter. I will be posting to Tony Blair very soon, and I have the backing of other people who are going to write to him on our behalf. You don't have to be one of yesterdays children to write to your mP, by doing this will can protect children of the future. |
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jim
May 16th, 2005 - 2:28 PM |
Re: Test
Well I now have many people writing to their local MP's and to The Dept of Constitutional Affairs, asking them to push to have the Laws changed. We can only sit and hope now. 
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Peter
May 17th, 2005 - 4:00 PM |
Re: Test
Well done once again Jim. And thank you once again. |
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jim
May 24th, 2005 - 4:24 PM |
Re: Test
Just an update from My MP toady. Jim, I've spoken to Joe regarding your recent e-mail and he has asked that we write to the Lord Chancellor urging him to bring the law into force which will make it easier for people who have suffered abuse to start legal proceedings years after the event. We'll also make some inquiries regarding the availability of court transcripts. I'm not sure whether these might be accessible under the new Freedom of Information Act. I'll let you know. Best wishes James McGowan Office of Joe Benton MP |
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Peter
May 25th, 2005 - 8:51 PM |
Re: Test
Well done Jim keep up the good work |
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jim
May 28th, 2005 - 3:52 PM |
Re: Test
Reply From 10 Downing Street. Dear Mr Browne. The Prime Minister has asked me to thank you for your recent letter and to say that the views you have expressed have been very carefully noted. He would like to reply personally, but, as you will appreciate, he receives many thousands of letters each week and this is not possible. The subject you raise is the responsibility of the Department Of Constituttional Affairs. Mr Blair has has asked that your letter be forwarded to that Department, so that they, too are aware of your views and can reply to the detailed points you raise. S.HIKMAT |
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jim
Jun 13th, 2005 - 10:24 AM |
Re: Test
Peter. Any chance of updating the other site to let us know whats happening so far. Cheers. |
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Peter
Jun 14th, 2005 - 11:46 PM |
Re: Test
Will do so once I have news. I am planning a media campaign through my Public Relations Consultants.I have a meeting with them on Friday when I should be able to let you have more news. I am planning a press release, and letters to all my clients on our databases, urging them to write to their MP's. Will be in touch. |
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jim
Jun 15th, 2005 - 2:29 PM |
Re: Test
UPDATE. Dear Mr Browne. Thank you for your letter of 16th May to the Prime Minister and to this department in which you express concern over the unfairness of the Limitation periods in child abuse cases. You also ask about the Govenment's plans to legislate on the law Commisions recommendations in its 2001 report 'Limitation of Actions'. Although I cannot comment on or give advice on individual cases it my be helpful if I outline the law in this area. The princible of Limitation, which requires claims to be brought within a certain time limit, is a long-standing one in the law of Civil Liability. The present Law on Limitation is found in the limitation Act 1980. It recognises the needs of both the claimant, who may find it increasingly difficult to bring the appropraite evidence with the passage of time, and the defendant who, without limitation, might have the possibility of a claim hanging over them indefinitely. Claims by victims of child sexual abuse pose particular problems for any limitation regime, and it may be helpful if I explain the position by reference to two leading cases, which involved claims in relation to child abuse. In Stubbings-V-Webb, the plaintiff claimed damages against her stepfather and stepbrother for sexual abuse alleged to have been committed by them against her when dhe was a child. The House of Lords held that those actions were an intentional trespass on the plaintiff's person. As Such, section 2 of the 1980 Act was applicable, which lays down a limitation period of six years from the date on which the cause of action accrued. In any civil cases when the plaintiff was a child at the time of the relevent act or omission, the limitation period will not start until the age of majority (Section 28 of the 1980 Act). However, in this case the plaintiff had gone beyond her 24th birthday by the time the case was initiated, so the defence of limitation was successful. The plaintiff took the matter to the European Court of Human Rights, but that body upheld the validity of the relevant limitation periods under the European Convention of Human Rights (the six year period is in fact longer than the equivalent in some other contracting nations). I S-v-W, the plaintiff claimed damages against her mother for failing in the duty to protect her from sexual abuse from her father when she was a child. The Court of Appeal held that this omission by the mother was negligence which resulted in personel injury, the limitation period for which is 3 years, but will only start to run from the first date the plaintiff had-or reasonably could have - knowledge of the relevant facts (if that is later than the date of the relevant act or omission) (setion 11 of the Act) As previosly mentioned, section 28 of the Act might also be relevant in such cases, but possibly less so with the flexability already provided by section 11. On the particuler facts, the court found that the plaintiff had started the case within 3 years of gaining the relenant knowledge, and the limitation defence was therefore defeated. As you mention, the Law Commission has examined the Law of Limitation in England ans Wales, and published its report 'Limitation of Actions' in July 2001. The report recommended changes in the Law to create as far as possible a unified Limitation system for civil claims. Under these peoposels, a claim in relation to child abuse, whether in traspass against the person or in negligence, would have to be brought within a primary limitation period of three years which would run from the date on which a claimant knew (or ought reasonably to have known) the facts giving rise to the cause of action, the identity of the defendant, and that any injury, loss or damage was significant. As now the limitaion period would not start until the age of 18. However the court would have a discretion to disapply this limitation period if it considered that it would be unjust not to allow the claim to proceed. These provisions would not enable a claim which had been barred under the 1980 Act to be revived. In July 2002, the Govenment announced its acceptance in principle of the Law Commissions recammendations, subject to further consideration of certain aspects of the report. Legislation to implement those proposals which are accepted will be introduced when a suitable legislative opportunity arises. Signed Michael Anima-Shaun. |
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jimbo
Jul 29th, 2005 - 7:39 PM |
Re: Test
'Victims' sue care society Jul 25 2005 Liverpool Echo MORE than 60 people who say they were subjected to sexual and physical abuse at Merseyside children's homes will have their compensation claims heard. The alleged victims are suing the Nugent Care Society, responsible for the longclosed St Vincent's home in Formby, and its sister establishment, St Aidan's in Widnes, for substantial damages. The case is due to go ahead at the high court early next year. Cheadle Hulmebased solicitors Abney Garsden McDonald say the group were traumatised by their experiences at the homes between the early 1960 s and the mid-1980s. They claim management "should have appreciated what was happening" at the homes and "failed to heed or act upon" young residents' complaints of widespread physical and sexual abuse. In a hearing at the high court, Mr Justice Holland directed the trial of the claims should start on February 21 with six "lead cases" on the result of which about 60 others will depend. The judge set the trial date despite a plea from Edward Faulks QC, for the Nugent Care Society, that defence lawyers needed more time to cope with the enormous amount of evidence generated by the case. He said 15 boxes of documents from St Vincent's alone had to be gone through and it had taken four people three months to review the "deluge" of paperwork. The judge directed the claimants' legal team to focus all their attentions on precisely setting out their case against the society, adding: "We are now coming to put up or shut up time." |
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jimbo
Jul 29th, 2005 - 8:18 PM |
Re: Test
Peter. Can you pleae explain to me what Mr Justice Holland means when he said "We are now coming to put up or shut up time." Was he having a dig at the Claiments or the Defence, if it was the claiments, surely that does not look promising ????????? |
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Peter
Jul 31st, 2005 - 10:17 PM |
Re: Test
I think this is a question better asked of Paul Durkin the group co-ordinating solicitor whom you know well. He will have his finger on the pulse. His email address I think you know is pauld@abneys.co.uk Sorry for the delay I have been away for a week's holiday. |
Traynor
Jul 18th, 2006 - 7:55 AM |
Re: Test
Hi Peter I have only just found out about this site, I am a mother of a now 30 year old who was sexualy abused while in Clarence house school in Formby, by an ex police officer come care worker, in 1990 1991, Sadley my son never seen his abusser go to trial, and more importanly he never seen him walk free on a tecncality. My son died in France in very suspect sircumstances in 2000, to which I have never been able to get to the bottom,but I amm still fighting to understand so for me as his mother there is no closer, on either my son's death or abuse. I would welcome any suggestions |
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Winnie
Jul 18th, 2006 - 9:46 AM |
Re: Clarence House
I am replying to your posting on the ACAL Website about your son. I know all about Clarence House as we are the lead solicitors in the Group Action, which Paul Durkin here - pauld@abneys.co.uk is dealing with. I do not have intimate knowledge of the background details, but I am sure Paul can help you. If your son died in 2000 it is too late to make any application for compensation on his behalf. If you want information about the prosecution you would be advised to speak to Merseyside Police force. Their former Senior Investigating Officer John Robbins works for us at Abney Garsden McDonald. It depends what information you are seeking as to where you should direct your enquiries. Best of luck. Peter Garsden |
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Traynor
Jul 18th, 2006 - 6:15 PM |
Re: Test
Peter Thanks for your responce I have never had any wish, to make any application for compensation on my son's behalf. in -relation to Clarence House. I would however like to bring prosecution against the French Authorities, for the way they handled my son's death,and what happened to his body after his death. I know the former Senior Investigating Officer John Robbins, as I have met him, he also knows of my son. The information I am seeking is can I prosocute the French Authorities, If so were do I start, how do I start it, how do I pay for it, as these are things that are holding me up ast the moment. The amount of legal reprosentation that would be needed, working with both English & French laws. Discrimination and the Human Rights act, Medical layers involed also,becaus of the time & money that would be involved , access to justice does not exsist for my son and others like him, So the question is how do we change these attertudes, can we change them or do we just accept them |
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Winnie
Jul 18th, 2006 - 9:41 PM |
Re: Test
This sounds like a very ambitious project which would cost a lot of money and Legal Aid would not be available. 1. Only a few Lawyers in London are dual qualified and this need knowledge of French law. 2. Most of such lawyers only deal with international disputes. 3. You would need to find a lawyer in France. In any event French law is inquisitorial with everything under the jurisdiction of single judge - that is prosecution and sentence. You cannot bring your own prosecution as far as I know in France. 4. There is probably an organisation which deals in French Anglo law. Try www.venables.co.uk which may have such information on it. Best of luck. |
brian clare
 Oct 16th, 2006 - 4:42 PM |
Re: Test
hi peter winnie etc good idea this site |
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Mark
Apr 17th, 2007 - 8:11 AM |
Re: Test
Thank You |
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