Page 1 of 1

Withdrawn Prosecution

PostPosted: Fri Apr 18, 2014 9:25 pm
by no_ta
Can anyone tell me if damages can be sought following the withdrawal of prosecution (local authority), which took 2 years and nine months to bring to court?

Re: Withdrawn Prosecution

PostPosted: Sat Apr 19, 2014 11:56 am
by Mog
I would say "yes", you have been caused harm by way of stress and have had a large amount of your most valuable commodity, time, wasted. On the crown offering no evidence against me for a motoring offence the district judge said i had grounds for a claim, which i am at present pursuing.

Re: Withdrawn Prosecution

PostPosted: Sat Apr 19, 2014 12:16 pm
by Freeman Stephen
Id agree with mog but how? Petition to de facto courts?

Re: Withdrawn Prosecution

PostPosted: Sat Apr 19, 2014 10:17 pm
by musashi
no_ta wrote:Can anyone tell me if damages can be sought following the withdrawal of prosecution (local authority), which took 2 years and nine months to bring to court?


Every claim creates an automatic counter claim.
Where the claim fails counterclaim succeeds by default.
The only question is about the value attached to the counterclaim.
A council? Rip into the fuckers and make them pay. They are almost certainly criminals.

Musashi.

Re: Withdrawn Prosecution

PostPosted: Sun Apr 20, 2014 5:00 pm
by wanabfree
You have 6 months from the final conclusion of your case to claim compensation, as far as I’m aware, best get yourself a book on criminal or civil procedure practise, for guidelines on making your claim.
Consequential costs are what you should be demanding to begin with and are easier to establish, as for the rest, you have to prove, by balance of probabilistic your somehow justified in asking for them.
Good luck.

Re: Withdrawn Prosecution

PostPosted: Sun Apr 20, 2014 6:23 pm
by musashi
There is a specific statute relating to claims against local authorities. I thought I had downloaded it but haven't and I can't recall the exact title but I think it might be
The Protection of Public Authorities Act, 1948.
It may well be that six months is the limit. That comes to mind and it sounds familiar, but I can't say for sure.

Musashi.

Re: Withdrawn Prosecution

PostPosted: Sat Apr 26, 2014 9:23 pm
by no_ta
Now my son is attacked

Thank you all very much for answering my question. I am of the mind that there is a claim, the stress this has caused and the time taken to prepare documents to defend the case run into hundreds of hours.

What makes matters worse is that a company supplying us at the time were secretly assisting the LA with their prosecution, totally without our knowledge whilst supplying us with products.

Smiling at us on one side whilst stabbing us in the back with the other. I cannot find any case history that resembles the situation we have experienced.

On another matter but still related to this case, the supplier we had no longer supplies us, naturally, but we have to return empty containers to them, when we rang them the other day my son refused to speak to one of the employess becasue of past history with him. Later that day my son was attacked by this person after following him for 16 miles, the coward jumped him whilst he still had his seatbelt on and was unable to fight back, so we have premeditaed assault resulting in severe head injuries and now in hospital for a scan as it seems he may be concussed. The assailant walks free with a caution, where is the justice?

As this assault stemmed from the work place of the assailant would his employer be liable in any way? We are taking steps for a private prosecution if the police don't act and include the emloyer if we can.