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  1. #1
    Members albion534's Avatar
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    Blinded PC David Rathband's family lose negligence case


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    http://www.bbc.co.uk/news/uk-england-35501176



    am i reading it correctly, is the judge saying the family should fork out?

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    • #2
      Members wellquickwoody's Avatar
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      Quote Originally Posted by albion534 View Post
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      http://www.bbc.co.uk/news/uk-england-35501176



      am i reading it correctly, is the judge saying the family should fork out?
      Seems harsh to make the family pay that kind of figure, but perhaps it will make people think before taking court action which they may or may not win. Sad all round really.
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    • #3

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      Quote Originally Posted by albion534 View Post
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      http://www.bbc.co.uk/news/uk-england-35501176



      am i reading it correctly, is the judge saying the family should fork out?
      yes they have to fork out £100 k.
    • #4
      Members Paul Reids Sock's Avatar
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      Bloody Nora, That is an insane amount of money to make them pay - especially within 21 days with, I would expect, more to come after

      It seems mad as you can understand their point, but at the same time I guess part of the defence would be that by signing up to the Police you know the risks? Also, I guess they couldn't pull all officers out and leave the public with no protection? Such a case could cause a precedent and I would assume that is what they are worried about.

      All in all a horrible horrible state of affairs and now a family have lost a loved one and a massive chunk of money through no fault of their own. What were the motives behind the case? Was it for a compensation payment? Just wondering as you would hope he would have been supported very well after?

      As you can tell, i do not know masses about the case but am willing to learn!
      -- he shot, he scored, his mental age is 4...--
    • #5
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      Surely some solicitor has taken this case on a "no win no fee" basis?
    • #6

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      Quote Originally Posted by The Camel View Post
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      Surely some solicitor has taken this case on a "no win no fee" basis?
      They might have, It is the costs of Northumbria police that they have to pay.
    • #7
      Members father_and_son's Avatar
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      While I have every sympathy for the individuals involved... I (and apparently the Judge in this case) don't believe the force were negligent.

      I'm sure there are procedures and risk assessments about when to put officers on a specific alert but they should ALWAYS be aware that they will be targeted by some unpleasant individuals at random times/places/situations.

      The officer involved was unlucky, but my understanding was he received the compensation that was due to him, along with all the support that the force muster for those injured while on duty (I personally know one ex-copper who was shot and received a cash sum, early pension and loads of medical help - far more than a member of the public would have got had they been the victim).

      However, usually with the "help" of solicitors, some people get greedy and want to go for more money. The judge seems to think this is one of those instances. Organisations and individuals must be protected against spurious lawsuits and so the loser picks up the tab for both sides (in most cases). That is all that has happened here.

      I have every sympathy for the family over the original events and subsequent tragic loss. I have no sympathy for them trying to screw the UK tax payers for more than the original compensation with an unfounded and unnecessary legal case.
    • #8

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      Quote Originally Posted by father_and_son View Post
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      While I have every sympathy for the individuals involved... I (and apparently the Judge in this case) don't believe the force were negligent.

      I'm sure there are procedures and risk assessments about when to put officers on a specific alert but they should ALWAYS be aware that they will be targeted by some unpleasant individuals at random times/places/situations.

      The officer involved was unlucky, but my understanding was he received the compensation that was due to him, along with all the support that the force muster for those injured while on duty (I personally know one ex-copper who was shot and received a cash sum, early pension and loads of medical help - far more than a member of the public would have got had they been the victim).

      However, usually with the "help" of solicitors, some people get greedy and want to go for more money. The judge seems to think this is one of those instances. Organisations and individuals must be protected against spurious lawsuits and so the loser picks up the tab for both sides (in most cases). That is all that has happened here.

      I have every sympathy for the family over the original events and subsequent tragic loss. I have no sympathy for them trying to screw the UK tax payers for more than the original compensation with an unfounded and unnecessary legal case.
      I dont think it was his wife/ex wife that sued , it was his brother and sister that brought the claim, so maybe the judge did detect an element of greed and subsequently ordered costs paid.
    • #9
      Panic! At The Amex Tom Hark, Preston Park's Avatar
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      Quote Originally Posted by alfredmizen View Post
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      I dont think it was his wife/ex wife that sued , it was his brother and sister that brought the claim, so maybe the judge did detect an element of greed and subsequently ordered costs paid.
      To be fair to the family though, according to the report 'PC Rathband began the civil action before he took his own life in 2012, and it was continued by his brother and sister.' Maybe they thought it's what their late brother would have wanted - especially as it patently was what the poor man did want.
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    • #10

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      Quote Originally Posted by Tom Hark, Preston Park View Post
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      To be fair to the family though, according to the report 'PC Rathband began the civil action before he took his own life in 2012, and it was continued by his brother and sister.' Maybe they thought it's what their late brother would have wanted - especially as it patently was what the poor man wanted.
      i think his brief or barrister are at fault here , by the sounds of it , the case was patently unwinnable. I am all for armed/emergency services receiving the best equipment/medical treatment etc , but there comes a time when you just have to accept that you were unlucky.

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