Compensation For Murder?
The law in the Britain has many quirks and odd facts and loop holes. It has been responsible a farmer, Tony Martin, imprisoned for defending his own property against burglars in the past along with criminals that have tried to sue their victims because they have been assaulted whilst on the victims property, or the victim managed to defend themselves. It would seem however, that the judicial system is finally taking notice andbehaving in a more suitable fashion when it comes to these instances. Aside from the ‘with reasonable force’ situation it now seems that criminals are trying to call on previous events as a acceptable and reasonable justification for taking someones life. This, of course, is absolutely outrageous, there is no excuse for this behavior and it should not be accepted in any way. Finally the government are agreeing. If there are any legal definitions you do not comprehend look at a legal resource website for more information.
In a rather strange case, the House of Lords has ruled that a person cannot benefit from their own wrongdoing.
The case revolved around a person who was a passenger involved in the Southall train accident, in which thirty one people were killed and more than five hundred injured. It was later ruled that the cause of the accident was the lack of care of employees of Thames Trains Ltd.
The man endured post-traumatic stress disorder. While he was undergoing treatment for the condition, he had a fight with a pedestrian, after home, grabbed a knife and returned to find the pedestrian, whom he murdered. He was incarcerated at Her Majesty’s pleasure for an indefinite period after the court accepted a plea of manslaughter on the grounds of diminished responsibility.
The individual then sued Thames Trains, claiming damages primarily for loss of earnings due as a result of his imprisonment and arguing that its carelessness was the reason of his action. There is precedent for this argument. In 2008, an employer was found to be liable for the suicide of one of its employees because the employer’s negligence had been the cause of post-traumatic stress disorder, which was ruled to be the cause of the suicide. In the Court of Appeal, this argument had been partially successful, the Court ruling that the claimant was entitled to compensation for loss of earnings for the time after his arrest and prior to his conviction because that time was not totally linked with the criminal act.
In the House of Lords, the claim lost altogether because of a rule which prohibits a person from receiving recovery for damages which occur as a result of a sentence imposed for a criminal act. Other claims for loss of reputation, feelings of guilt and remorse and so on were also rejected.
If you feel that you have reasons to sue someone then have a chat with a legal professional and progress from there.
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