Kenny Davies with his family
 | Richard Scrase | ||
| Associate | |||
| DDI: 01872 245178 | |||
 Email Richard |
Associate Richard Scrase Secures Six Figure Compensation Win for Client
West Briton article
16th May 2007
A father left wheelchair-bound after an attack in a St Austell nightclub has been granted permission to claim compensation.Kenny Davies was subjected to an unprovoked attack in a Carlyon Bay nightclub in 2001. He was in a coma for six weeks and then in a vegetative state for a further three months. In total he spent 10 months in hospital recovering from a severe brain and head injury and is confined to a wheelchair.
Police arrested two men in connection with the assault but nobody has ever been prosecuted.
In July 2001 Mr Davies, from Plymouth, made a compensation claim to the Criminal Injuries Compensation Authority (CICA).
However, 18 months later it was turned down as CICA was not convinced that his injuries were a result of criminal violence.
Subsequently, Mr Davies appealed against that decision and then waited three years for the Criminal Injuries Compensation Appeals Panel (CICAP) to consider his appeal.
Eventually, in March 2006, the CICAP heard, and dismissed, that appeal - also on the grounds that it was not satisfied that Mr Davies had sustained his injuries as a consequence of an act of criminal violence.
Convinced the decision was wrong, Mr Davies decided to pursue the case through the High Court for a judicial review.
Initially no solicitor would take on his case, but then Follett Stock in Truro offered to take it up for him.
The firm issued Mr Davies' claim and soon after, a High Court judge, Mr Justice Dobbs, granted Mr Davies permission to apply for judicial review. Shortly after that the CICAP agreed to its previous decision being quashed allowing Mr Davies' appeal to the CICAP to be re-heard.
The re-hearing took place last Wednesday in Plymouth. In contrast to all the previous decisions, the newly-constituted panel concluded that Mr Davies did sustain his injuries as a consequence of an act of criminal violence and confirmed his entitlement to a full award.
The amount of that award will be decided after the panel has obtained further medical reports, but Mr Davies' solicitor, Richard Scrase of Follett Stock, expects a six-figure award to be made. In the meantime, the panel confirmed a substantial interim payment.
Mr Scrase said: "This has been a long, hard struggle for Kenny Davies and his family. Through no fault of his own Kenny is now severely disabled. He has had to wait six years to receive any compensation and has only achieved that because of his persistence. The compensation that Kenny receives will help him and his family to pursue some of the activities that most families are fortunate enough to regard as the norm."
Speaking after the hearing, Mr Davies said: "I am happy with the decision and I can now provide for my family and myself without having to rely on the state.
"I also recommend to anyone else in this situation that if they believe they are entitled to compensation then they fight all the way to try and get it and never give in."
Click here to read the press article in full
A father left wheelchair-bound after an attack in a St Austell nightclub has been granted permission to claim compensation.Kenny Davies was subjected to an unprovoked attack in a Carlyon Bay nightclub in 2001. He was in a coma for six weeks and then in a vegetative state for a further three months. In total he spent 10 months in hospital recovering from a severe brain and head injury and is confined to a wheelchair.
Police arrested two men in connection with the assault but nobody has ever been prosecuted.
In July 2001 Mr Davies, from Plymouth, made a compensation claim to the Criminal Injuries Compensation Authority (CICA).
However, 18 months later it was turned down as CICA was not convinced that his injuries were a result of criminal violence.
Subsequently, Mr Davies appealed against that decision and then waited three years for the Criminal Injuries Compensation Appeals Panel (CICAP) to consider his appeal.
Eventually, in March 2006, the CICAP heard, and dismissed, that appeal - also on the grounds that it was not satisfied that Mr Davies had sustained his injuries as a consequence of an act of criminal violence.
Convinced the decision was wrong, Mr Davies decided to pursue the case through the High Court for a judicial review.
Initially no solicitor would take on his case, but then Follett Stock in Truro offered to take it up for him.
The firm issued Mr Davies' claim and soon after, a High Court judge, Mr Justice Dobbs, granted Mr Davies permission to apply for judicial review. Shortly after that the CICAP agreed to its previous decision being quashed allowing Mr Davies' appeal to the CICAP to be re-heard.
The re-hearing took place last Wednesday in Plymouth. In contrast to all the previous decisions, the newly-constituted panel concluded that Mr Davies did sustain his injuries as a consequence of an act of criminal violence and confirmed his entitlement to a full award.
The amount of that award will be decided after the panel has obtained further medical reports, but Mr Davies' solicitor, Richard Scrase of Follett Stock, expects a six-figure award to be made. In the meantime, the panel confirmed a substantial interim payment.
Mr Scrase said: "This has been a long, hard struggle for Kenny Davies and his family. Through no fault of his own Kenny is now severely disabled. He has had to wait six years to receive any compensation and has only achieved that because of his persistence. The compensation that Kenny receives will help him and his family to pursue some of the activities that most families are fortunate enough to regard as the norm."
Speaking after the hearing, Mr Davies said: "I am happy with the decision and I can now provide for my family and myself without having to rely on the state.
"I also recommend to anyone else in this situation that if they believe they are entitled to compensation then they fight all the way to try and get it and never give in."
|
Richard Scrase | ||
| Associate | |||
| DDI: 01872 245178 | |||
| Email Richard |
Click here to read the press article in full
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