01482 778 463
Client Focussed
No Win No Fee
Specialist Legal Teams
Hudgell Solicitors™ | Latest News | 'Same roof’ ruling will finally allow victims of abuse to claim compensation for their suffering

‘Same roof’ ruling will finally allow victims of abuse to claim compensation for their suffering

Upset abused frightened child (boy)


Today’s ruling that victims of crime who lived under the same roof as their attacker will now be entitled to compensation has finally brought an end to a long-running injustice in our legal system.

Until today’s ruling by Lord Justice Leggatt, anyone abused by somebody who lived in their household before October 1, 1979 was unable to seek damages.

At Hudgell Solicitors we have believed that this outdated law needed to be overturned, as our team of specialist criminal injuries and abuse claims lawyers have met so many people who have suffered abuse at home only to be denied any form of justice.

The rule was originally brought in to prevent the abusers themselves benefitting from compensation paid to victims they lived with, which in many ways was a flawed approach due to awards being held in trust until a victim is 18 and due to many claims being brought when the victim is an adult, and no longer living with their attacker.

Those people abused at home prior to October 1, 1979, have never been put first, until now.

In a joint statement, Barnardo’s, Liberty and Victim Support have said that since 2015, 180 applications for compensation have been refused due to this terrible law.

Those people can today begin to seek justice, and receive the damages they deserve, knowing the law is finally on the side of them as victims.

Case involving abusive step-father has resulted in landmark ruling for abuse victims

The case of a woman who suffered serious sexual abuse at the hands of her stepfather between four and 17, has been key to this highly significant ruling.

She was denied the right to damages because she shared a home her stepfather – yet another victim of his who hadn’t lived under the same roof received compensation.

He was convicted of eight offences including rape and sexual assault in 2012 and jailed for 14 years, but due to the law, the Criminal Injuries Compensation Authority (CICA), a Government scheme established to award damages to innocent victims of violent crime, refused a payout.

Lord Justice Leggatt has quite rightly ruled that compensation being awarded to one victim, but not another, for a matter which was completely out of their control was ‘unfair’ and actually ‘a situation which may have ‘made her predicament and suffering even worse.’

This law has always been incompatible with human rights laws, and after many previous challenges, today is a day when finally, for so many people across England and Wales who have had no justice for their terrible suffering, the right thing has been done.

  • If you feel you may now be able to pursue a compensation claim through the Criminal Injuries Compensation Authority (CICA), as you were previously denied under the ‘Same Roof Rule’, contact our team today on 0800 321 3366.
No Comments

Leave a Reply

*Required

The Author

author image

Nicola Bailey-Gibbs

Solicitor and Manager, Criminal Injuries

nbg@hudgellsolicitors.co.uk

Request a callback

Request A Callback

I am an existing client.










Or call us FREE on:

01482 778 463


trust pilottrustpilot startrustpilot startrustpilot startrustpilot startrustpilot star

The data you submit will only be used by Hudgell Solicitors and only for the purpose of dealing with your enquiry.
See full privacy policy.

Looking to see if you're eligible?

Get in touch for free legal advice

0808 159 7699

Call today to speak to an expert

OR
Start your claim

What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Caroline was great in handling my case

"Caroline was great in handling my case, very informative and always kept me up to… "

Mr Richard Brook

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Dispute with EasyJet

"Although Hudgell offices were not local to us, there was no need for concern, as… "

Glyn

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Always on the ball

"Always on the ball! Great at what they do, very professional and fast with a… "

CHRISTOPHER CURTIS

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service

"Excellent service. Very happy with result. Thank you."

Miss Erika Panakova

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Was an easy process and the caseworker…

"Was an easy process and the caseworker was very informative and very knowledgeable on my… "

Rachel Fee

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Lovely business to deal with

"Lovely business to deal with. Would recommend to anyone."

Mrs Kelly Byrnes

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great communication

"Great communication! My solicitor was lovely to deal with, open and listened to me."

Sue Ockendon

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very happy with how they managed my…

"Very happy with how they managed my claim. I would recommend them."

Mr Steve Roberts

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very helpful and truly understanding in…

"Very helpful and truly understanding in a very sensitive case would highly recommend to anyone"

Miss Sarah Morris

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Friendly

"Friendly, supportive and professional, couldn't ask for more."

Mr Adrian Fisher

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

A first class service with a heart too

"I never had claimed before and was quite apprehensive about dealing with claims solicitors as… "

M Sheikh

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

They made me feel that I wouldn’t be on…

"They made me feel that I wouldn’t be on my own after my experience. They… "

Mrs Melinda Diane Tovey

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

The service was excellent and Lauren…

"The service was excellent and Lauren Cartwright kept me well informed and gave good advice… "

Mr Roger Harrison

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Recommended company

"Excellent service, fully recommended. Efficient communication and reliable."

Mr R Taylor

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell took over my road traffic case…

"Hudgell took over my road traffic case from a different solicitors and successfully negotiated a… "

Mr JSW

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell Solicitors made my personal…

"Hudgell Solicitors made my personal injury claim so easy, they got me the treatment i… "

Mr Nick Todd

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I have never used solicitors before

"I have never used solicitors before, my dealings with Hudgell have been excellent I have… "

David Varley

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very helpful

"Very helpful"

Ethan Ferguson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

First Class service

"Hudgell Solicitors are currently working on my case and I must say so far the… "

Emma Jeeves

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Always kept me up to date on all…

"Always kept me up to date on all correspondence concerning the case and acknowledged any… "

Mrs Anne Marie Wells

Rated 9.4 out of 10 based on 454 reviews

Powered by Trustpilot

Our offices

London

55 Fleet Street
EC4Y 1JU

VIEW DETAILS

Hull

No 2 @ The Dock
46 Humber Street
HU1 1TU

VIEW DETAILS

Leeds

10 Park Place
Leeds
LS1 2RU

VIEW DETAILS

© 2018 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90