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Show ALL Forums  > UK forums  > Parents of drowned boy ordered to repay compensation and legal fees..      Home login  
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 pantsonfire
Joined: 7/19/2006
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Parents of drowned boy ordered to repay compensation and legal fees..Page 1 of 2    (1, 2)
The parents of 2 year old Matthew Marsden have been ordered to repay £25k compensation awarded to them over his death in 2004... They have also been told to repay £15k in legal fees from the compensation claim...

Full story here..

http://news.sky.com/skynews/Home/UK-News/Parents-Of-Drowned-Toddler-Matthew-Marsden-Ordered-To-Pay-Back-Compensation/Article/200907215337578?f=rss


What is your view on this? Should they have been compensated in the first place? Is it right that not only do they have to pay back the compensation but also the legal fees?

Personally I do not believe they should have even got to court with the initial claim for compensation and am surprised they received any in light of the circumstances surrounding the child's death but I am a little uncomfortable at the thought of them having to pay back legal fees... I can just picture the 'No win No fee' vultures encouraging and cajoling them into making the claim at a time when they were very vulnerable.. A tough situation indeed...


Opinions please..
 pantsonfire
Joined: 7/19/2006
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Parents of drowned boy ordered to repay compensation and legal fees..
Posted: 7/14/2009 6:56:02 AM
This is pretty much how I feel about the whole situation... I do not agree in the slightest with the initial compensation claim or the amount they won.. I don't believe it should have got anywhere near a court... I would be interested as to who and why brought the case into being??

This was a dreadful accident with the blame, if any can be meted out, lying with the parents, this child was not at one of these holiday clubs, he was under his parents control and no-one else's...

I still think that the legal fees should perhaps have been waived in light of the emotional aspect of this particular case but I would also want an enquiry made into just how a case like this made it to court in the first place...
 Cargy.
Joined: 12/26/2008
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Parents of drowned boy ordered to repay compensation and legal fees..
Posted: 7/14/2009 12:41:17 PM
I don't see what this appeal verdict has to do with sympathy for the bereaved parents.

Whilst I understand the emotions raised when a child dies in such tragic circumstances, it is not for the Courts or the judiciary to be swayed by anything except the evidence and findings of fact.

In this case, the 3 Appeal Court Judges will have closely analysied the evidence, the original Judge's reasoning and finding, and consulted all relevant precedents and caselaw before deciding the law was incorrectly applied to the facts in the original hearing.

From that it is reasonably safe to infer that ALL necessary H&S precautions required by law were met by the park's owners and operators. If it were any other way they would still have been held liable.

If they weren't liable, then why should they (or their insurers) be penalised for somebody else's error?

Would you expect your garage to pay you compensation if they warned you your brakes needed replacing, and you ignored it, and then went on to have an accident?
 Cargy.
Joined: 12/26/2008
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Parents of drowned boy ordered to repay compensation and legal fees..
Posted: 7/15/2009 4:49:38 AM
Has the judge been found to be acting outwith his authority?


Very difficult to answer that. In theory Judges have to follow rules and abide by the law. But, in practice, they are pretty much God in their own Court and can do as they see fit without repercussions. The principle behind this is to retain Judicial independance, but unfortunately, as we all know; power corrupts.

In any other business, a professional of this level making a mistake would have to face disciplinary action of some kind. Curiously this doesn't seem to happen with Judges. Even if they are later found to be wrong they are all but untouchable, and the worst they will face is a minor rebuke over G&Ts in the club.

I go with others on this; in the instant case the Judge has been ruled to have erred. This is neither the Claimant nor the Apellant's fault. So it is only logical that the organisation responsible for the Judge (The Lord Chancellor's Office IIRC) should pay the costs of an error by one of their own.

I would also argue strongly that if the Claimants were represented by a No Win No Fee firm, then the position is that they did not win and therefore the law firm should make good on its promise, and waive the fees.
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