Compensation claims case studies

Emmott Snell have helped many survivors of abuse win compensation claims before tribunals and courts. Below are examples from our case files.

Historic child abuse claims case studies

March 2017: Victim of abuse by a choir master receives an apology and compensation. Mr B, whose family were parishioners, attended regular Sunday services with his parents at a rural Church of England church. As an adolescent he was abused by an organist and choir master. In his forties Mr B felt strong enough to report the abuse to the police. His perpetrator was charged but was declared unfit to stand trial after one appearance at the magistrates’ court. Nonetheless Mr B succeeded in pursuing the relevant Diocese of Church of England and was awarded compensation of a 5 figure sum and, importantly, a formal written apology from the Bishop.

July 2016: Victim of abuse in local authority children’s homes wins case.
We represented Ms X in a claim against a local authority for sexual abuse by a number of male care workers whilst she was in various children’s homes under a care order. Only one of her abusers was convicted but he appealed his sentence and was acquitted. She suffered complex post traumatic stress disorder, an emotionally unstable personality disorder and anorexia nervosa. She was academically capable but underperformed at school due to her abuse, which impacted her earning potential. The local authority denied liability throughout. Following the issue and service of proceedings an out of court settlement of £60,000 was achieved.

February 2016: Victim of Bishop George Bell receives apology and compensation.
We acted for ‘Carol’ who received a formal apology from the current Bishop of Chichester, Martin Warner, for abuse she suffered at the hands of Bishop George Bell (deceased 1958) when she was a young child. She had reported the abuse to the then Bishop of Chichester in 1995 but was advised to seek pastoral support from her local vicar. She was finally ‘heard’ in 2013 when the current Archbishop Justin Welby responded to her correspondence, which ultimately led to the apology and compensation.

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December 2015: Victims of prestigious schools' abuse win compensation.
We acted for former pupils of Westminster Cathedral Choir School and Ampleforth, who were sexually abused by a house master and teacher David Lowe whilst pupils. Lowe was convicted of indecent assault offences against 10 victims at Southwark Crown Court in 2015 and was sentenced to 10 years in prison. Our clients pursued Westminster Cathedral Choir School and Ampleforth which joined David Lowe into the proceedings. The claims were resolved successfully at a mediation, the settlement sum exceeding £135,000.

States of Jersey Historic Abuse Redress Scheme

We represented a number of victims who suffered sexual or physical abuse in Haut de la Garenne and other children’s homes in Jersey in negotiations with the States of Jersey in setting up a compensation scheme, and negotiating settlements from between £5,000 and £60,000.

November 2013: Sevenoaks School settles abuse case out of court. We represented 'XY' in a civil claim arising from sexual abuse by Gerd Sommerhof, a high profile teacher between 1976 and 1983. XY brought his legal case after years of torment and attempts to 'bury' it. It was the Saville scandal that finally gave him the courage to report it. Although his abuser had died, XY was successful in recovering a significant sum of damages for his assaults and associated losses.

February 2013: "JGE" against Roman Catholic Diocese of Portsmouth. We represented Miss JGE in a claim against the Portsmouth Diocese arising from alleged sexual assaults as a child by Father Baldwin (deceased). The Church claimed that on a technicality it could not be held legally responsible because there was no formal employment relationship with their priest. In November 2011 the High Court found that the Church was responsible for the sexual misbehaviour of Baldwin. This was an historic decision; it is now clear law that a bishop can be held legally responsible for child abuse.

April 2012: Sibling group recover damages from local authority for failing to remove them from their abusive family home. We represented 3 children who remained in chronically neglected and abusive conditions for at least 2 years longer than they should have had social services acted competently. A High Court Master approved proposed out of court settlements made by the relevant local authority totalling more than £50,000.

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Personal injuries case studies

Personal injury claims case studies

December 2016: After sustaining a psychological injury, Mr ‘P’ receives in excess of £29,500 compensation from his employers. We obtained compensation for Mr P, who at the time of his accident was a Plant Operative at a local food waste recycling plant. It was alleged Mr P’s employers were liable for his injuries due to unsafe equipment and working practices. Liability was accepted at an early stage leaving us to obtain medical evidence and prepare a schedule of Mr P’s out of pocket expenses. Following negotiations the defendant's solicitors were persuaded to increase on their original offer to damages in excess of £29,000, which Mr P was happy to accept.

December 2016: Mr J receives compensation following an accident at work. Mr J, a Head Chef, suffered soft tissue injuries to his left shoulder as a result of being struck by a stainless steel panel, which had fallen from a suspended ceiling. Mr J’s employer denied liability. We obtained a supportive medical report and registered Mr J’s claim at court. Following negotiation an out of court settlement was reached.

November 2016: Male passenger in a works van secures in excess of £17,500 damages. Mr G sustained soft tissue injury to his back, ligament damage to his knee, facial and arm lacerations and a dental injury when he was involved in a road traffic accident in July 2015. The driver’s insurance company admitted liability. Medical evidence was obtained and an offer of damages was put forward. The first offer was considered too low and after some negotiation the insurer was persuaded to increase this and settlement was reached. 

September 2014: Mr 'Z' recovers damages in excess of £29,000 following an accident at work. Mr 'Z', an undertaker, suffered a bilateral hernia, which required surgery, as a result of heavy lifting at work. On his behalf, we sent a letter of claim to the his employers alleging negligence and breach of statutory duty. Following a period of investigation, the claimant's employers admitted liability through their insurers. Medical evidence was obtained and a detailed schedule of the claimant's losses prepared. We persuaded the insurers to increase their original offer, securing an award in excess of £29,000. 

March 2014: Emmott Snell Solicitors obtained a five figure settlement for a local lady who tripped whilst shopping in a well-known High Street store. Our client, Mrs P, was walking in the store when she tripped on a plinth protruding from a display stand. She landed heavily on the floor sustaining a fractured right femur. As a result Mrs P required a total hip replacement. Following a site visit to the store, we sent a letter of claim alleging negligence and/or breach of statutory duty. The store's legal representatives admitted liability. We obtained expert medical evidence from an orthopaedic surgeon and gathered details of Mrs P's out of pocket expenses. An offer of settlement was received which was satisfactory to the claimant.

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Personal injuries case studies

February 2013: Compensation for a woman injured whilst a passenger in a car involved in a road traffic accident. Mrs X was a front seat passenger in a car being driven by a family member when a car being driven by the defendant encroached into their lane causing a collision. As a result of the accident Mrs X suffered minor soft tissue injuries and anxiety when travelling by car. Mrs X contacted Emmott Snell Solicitors who, following an admission of liability from the defendant's insurers, obtained medical evidence and settled the claim on Mrs X's behalf in a sum exceeding £1,400. Mrs X comments, "Thank you for your kindness and help."

January 2013: Miss X receives four figure sum following an accident at work. Emmott Snell Solicitors are pleased to have obtained compensation for Miss X a team leader for a major supermarket chain who suffered a foot injury after being struck by an electric pump truck being handled by a colleague in a careless and negligent manner. Miss X sustained a crush injury and fracture to her right foot. It was alleged that Miss X's employers were liable for the acts of their employees. Liability was accepted at an early stage leaving Emmott Snell to deal with obtaining medical evidence and preparing a schedule of Miss X's out of pocket expenses. Following some negotiation, the defendant's solicitors were persuaded to increase on their initial offer to damages in excess of £5,000 which Miss X was happy to accept.

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Jacqui Morton Emmott Snell

Jacqui Morton

Jacqui is known for her hardworking and careful approach to any legal problem, her excellent rapport with clients and professionals.

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Francesca Cirillo

Francesca is known for her willingness to assist, keen eye for detail and is an integral and valued member of the team. She is also fluent in Italian.

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Bernadette James

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Toslima Islam Emmott Snell

Toslima Islam

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