Abuse & Human Rights Claims

Our abuse and human rights claims barristers are also experts in the linked areas of personal injury, clinical negligence, family law, court of protection, community care, public law, military claims and inquests. Many of the cases in which they act cross over into a number of these areas.

Our barristers are regularly instructed to act for children and vulnerable adults via the official solicitor, in claims against local authorities, including ‘failure to remove’ and HRA claims.

We also act in Criminal Injuries Compensation Claims arising from abuse.

Abuse Claims

Kings Chambers’ barristers act for Claimants and Defendants in recent/historical sexual abuse and assault claims. Our barristers can advise on the most sensitive of cases, and on the difficult issues of limitation, consent, and quantification of loss that arise.

We have experience of:

• Civil claims against perpetrators.
• Vicarious liability claims against e.g. churches, schools, the MOD, etc.
• Human Rights Act claims against public bodies.

Failure to Remove

Our barristers have significant experience in bringing failure to remove claims against local authorities, particularly following the Supreme Court decision in GN v Poole.  We have had the privilege of delivering a seminar, alongside solicitor colleagues at a leading law firm, to the Official Solicitor on this topic.

Because of our Human Rights expertise, we can advise on the inclusion of s.8 HRA claims within failure to remove cases.

Human Rights Act

Our barristers are regularly instructed to bring and defend claims against local authorities and other state bodies, for breaches of the ECHR, under s.8 Human Rights Act 1998.

These cases draw in members from the Personal Injury and the Public Law Team. Sam Karim QC, is ranked Band 1 by Chambers and Partners for his experience in Civil Liberties and Human Rights, and appeared in AP [2019] EWHC 65 (QB) concerning limitation in s.8 cases.

The expertise we have in Court of Protection and Community Care cases gives counsel at Kings a deep understanding of the complex issues that arise in HRA claims.

The procedure, assessment of liability and quantification of damages in HRA claims requires specialist expertise and our barristers are able to give clear, straightforward advice in the most complex cases.

We have advised and acted on cases including:

• Breach of Art.2 (e.g. in the context of mental health treatment)
• Breach of Art.3 (e.g. failure by a local authority to remove a child; neglect amounting to breach of Art.3)
• Breach of Art.5 (e.g. unlawful deprivation of liberty, in Court of Protection or Children act context)
• Breach of Art.6 (e.g. failure by local authority to bring proceedings under the Mental Capacity Act or Children Act)
• Breach of Art.8 (e.g. failure to facilitate contact between couple living in care homes, or inappropriate use of s.20 accommodation)

Significant/recent cases

• Acting for the victims of serial rapist Joseph McCann in claims against the probation service which released him
• Historic sexual abuse by serving police officer (Richard Borrett led by Satinder Hunjan QC)
• Significant Failure to Remove of siblings (Jasmine Skander led by Sam Karim QC)
• A large number of claims for failure to remove children subjected to abuse/neglect.
• Advising on aggravated and exemplary damages for Claimants unlawfully imprisoned and tortured during the Cyprus Emergency.
• Perception of sexual abuse due to a failure to consent before touching and exposure of the genitals whilst the patient was under anaesthetic.
• Breach of Data Protection Act by local authority in disclosing sensitive personal information about domestic violence.
• Article 6 and 8 claims arising from misuse of s.20 accommodation.
• Vicarious liability claims from violent assault by door staff at a casino
• Grooming and sexual abuse by Catholic Priest
• HRA claim for breach of Article 2 Protocol 1 right to education.
• Alleged failure to adequately safeguard vulnerable adult in supported living who tended to bang her head and died when she suffered a TBI in her room.
• Various art.5 breach claims for failures to authorise deprivation of liberty, or failure to bring s.21A proceedings.
• Vicarious liability claims from a sexual assault by a security guard at a leading hotel chain.
• Economic, emotional, and sexual abuse perpetrated by a social worker against a vulnerable person.
• Claim against local authority for negligently placing a child with a relative who had a known history of sexual offences against children.
• Death of care-home resident who suffered from Korsakoff's dementia and lacked the capacity to make decisions about care and treatment. He was permitted to decline all personal care, and over many weeks developed a skin infection which developed into sepsis—acting for family/estate in a claim in tort / for breach of Art. 2 and Art.3.
• Claim for abuse by Barry Bennell at Crewe Alexander
• Breach of Art.8 by local authority in failing to facilitate contact between C and his wife.