Dear Paulette [who recommended I publish this for the benefit of other victims, especially the time limits]
Thank you for your recent enquiry via policeclaims.co.uk.
I was sorry to hear of your experience and fully appreciate that you wish to take the matter further.
As I am sure you appreciate, instructing a solicitor is a serious (and costly) business, so the first issue to resolve when considering whether to take action is how your case is to be funded.
Unfortunately, my firm does not offer Legal Aid.
On the basis of the information you have provided, I am not willing to act by way of Conditional Fee (i.e. No win, No fee) Agreement and so if you wish to instruct this firm, I will only act by way of private retainer and will require a minimum and immediate payment on account of £5,000.00. I will regularly account to you with costs updates, and provide you with a full costs estimate if you proceed to formally instruct my firm to represent you. In the event your matter is resolved prior to the £5,000 being used you will receive a refund. If not, I will approach you again for further payments.
If you do ultimately succeed on your case you will generally be entitled to claim your costs from your opponent. Equally, if you lose your case, you will generally be liable to pay your opponent’s costs, which can be anywhere in the region of £5,000 – £25,000.
If you wish to proceed on a private retainer basis, please forward a cheque for that sum whereupon I will contact you to take further instructions.
Alternatively, if these terms are not acceptable, I suggest that you contact Community Legal Advice on 0845 345 4 345 who should be able to provide you with a list of firms who also specialise in Actions Against the Police and who may be able to assist.
Please note the following time limits apply to Action Against the Police:
Judicial Review – 3 months
Discrimination – 6 months less one day from the act/emission complained of.
Human Rights Act – 1 year less 1 day from causative breach of relevant Article.
Police Complaint – 1 year from act complained of.
Negligence, Assault, False Imprisonment, Malicious Prosecution, Misfeasance, Data Protection Act – 3 years if claiming personal injury, 6 years if not. Limitation only begins to run when the Claimant reaches 18 and/or is not under a mental disability.
I look forward to hearing from you. In the event you choose not to instruct my firm, I wish you well with your case.
Solicitor – Principal
Donoghue Solicitors, 39 Victoria Road, Crosby, Merseyside, L23 7XY DX: 20402 Crosby
Tel: 0151 924 6690 Fax: 0151 924 5009 www.donoghue-solicitors.co.uk
- Now we have more lawyers than police thanks to legal aid (dailymail.co.uk)
- Mail story on lawyers’ pay angers Law Society – but the paper is not all wrong (guardian.co.uk)