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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I would like to ask what forms of redress are are available

Customer Question

i would like to ask what forms of redress are are available against an individual who was responsible for causing psychiatric damage. I understand it could be possible to sue for this, but the individual already has a court order against them and has ignored it. Is it possible to sue the employers when they know about the outstanding court order (not related to the employer but they know about it and my complaints about being affected by all this)
Submitted: 7 months ago.
Category: UK Law
Expert:  Stuart J replied 7 months ago.
Good evening. Thank you for the question. It is my pleasureto assist you with this today.Can I have as much background to this as possible please?
Customer: replied 7 months ago.
is it possible to give the background by private message? thank you
Expert:  Stuart J replied 7 months ago.
I’m sorry, it’s not possible. Nobody knows who you arealways you are including me and provided you don’t put any personal details in,no one would know whereabouts even in the world you were.If you want to deal with it off-line, or on the telephone, Ican submit a Premium Services proposal for you for which there is an extracost. You are free to accept that or decline it or simply leave it in abeyanceas you wish.I will be online and off-line all evening so although I willget back to you, it may not be within minutes. Kind regards
Customer: replied 7 months ago.
i helped someone 'X' with their employment contract problems and discipline process at work (their work, not mine). we had a close relationship and their was pressure on me to do this for a variety of reasons. Once it was certain X faced tribunal and likely loss of job, X promised me a small amount of any compensation if I helped to fight the dismissal and argue for compensation. This was successful, and X was compensated and signed compromise. I arranged all of this and understand and was directly affected by all of the circumstances at the work and the agreement. But l later found out X had lied a lot and had been involved in other relationships at the same time as with me. When X got the favourable outcome, most contact with me was dropped and around the same time as I had a period of grief due to personal loss as well as realising that X had lied. I later went to court to ask X to pay the promised compensation. The court gave a judgement early 2015 and X was notified, but has refused to pay. I notified X's new work about the judgement and some of the circumstances around the debt, but the employer has refused to acknowledge any responsibility or response to this.
Customer: replied 7 months ago.
I have reason to be fearful of X's behaviour and possibility of X going to some lengths to avoid paying me anything. I asked for apology and for the court order to be paid. X then defamed me at the new employer rather than respond to court order and offer any apology. I have a depression and at some points was really sick in realtion to the effects of the stress. Since X has been at a new employer over 3 years now, and at no point has the employer asked me for any details of the court order (they are informed about and would not give any address to serve it) or offered any remedy though I have had this now for over 6 years and never had a penny and was left out of pocket helping work for 1000 hours X, under pressure.
Customer: replied 7 months ago.
I had no protection but X now has employer with access to as many lawyers as needed. I am at a loss what to do to try to seek redress in the only way possible (time won't come back, or health maybe, but something to help me)
Customer: replied 7 months ago.
The new employer knows there was a compromise as I said it. There are some serious reasons why X was in discipline, but the new employer is not asking, and are interested in themselves and the reputation but have not asked about anything suffered by me. Is there any way to prevent that I have suffered while the party responsible is not answerable to any pressures to redress?
Expert:  Stuart J replied 7 months ago.
If there was some kind of agreement where this person wouldpay you for the work that you did, then after 6 years you are out of time underthe Limitation At 1986 to enforce any proceedings through the court system ifthe defendant raises limitation as a defence.If you are alleging some kind of negligence and injury as aresult of their behaviour, that period is reduced to 3 years.If you had a pseudo-relationship with this person or thepromise of a relationship and, when that broke up or did not materialise, youbecame very upset even to the point of having to have treatment and medication,there is no claim that you could bring for psychiatric damage/injury in mostcases.To bring a claim for psychiatric damage, you have to provethat the culprit owed a duty of care, that the duty of care was breached, andthat as a result you suffered damage or injury and that the damage or injurywas a reasonably foreseeable consequence of the breach.That is of course notwithstanding the 3 year limitationissue.You do have a potential claim but it’s not going to be aneasy one and it’s certainly not one that I would be rushing to court over withany hope of success. You are going to need evidence from a psychiatric expertthat whatever symptoms you are now suffering are as a result of the negligentand reckless behaviour of the defendant. That is of course notwithstanding any3 year period under the Limitation Act.You may potentially have a claim for defamation if thisperson has made comments verbally or written to a third party which defamesyou. However, such claims are extremely expensive and risky to bring and unlessyou want to spend and risk tens of thousands of pounds, there is very littlethat you can do other than threaten a court application for an injunction ifthe allegations are continuing.I am sorry, I appreciate that this is not the answer youwanted but nonetheless, does it answer the question?Can I answer any specific points arising from this?
Customer: replied 7 months ago.
The promise of payment was made 4 years ago and I have already obtained judgement for this from court in England. It is for 30,000 and remains unpaid for the past 1.5 years. I have informed the new employers about this, and they have ignored me. This is adding to my depression. Do I have a claim against the new employers? They are also ignoring the potential problems of employing someone who is continuing to cause distress to me, even though I have said that I have reason to be fearful and that there is a history of dishonest conduct.
Customer: replied 7 months ago.
I was in hospital with heart failing due to distress and have ongoing depression. I have informed new employers and they have not responded. They are aware of defamation and the case is listed. There is still no apology and redress from the person at the cause.
Customer: replied 7 months ago.
It would be better to have redress without or before court, and I don't know whether it is possible to make a case against the new employers for ignoring my asking for assistance in the court order, or ignoring my saying that I was caused distress and still am with the ongoing avoidance of any redress and payment of court order. So far, they know that X defamed me (or might have). Going to court over reporting X's conduct in a previous role, and possible lack of honesty in this role seems too big when i want redress for what directly affected me.
Expert:  Stuart J replied 7 months ago.
If you have judgement for the sum of £30,000, then you havea variety of options. You can get a court order called a Attachment of EarningsOrder for the employer to pay money directly, every month, from the defendant’ssalary, straight to you. If they don’t do that, you can go back to court andthe employer is liable to be arrested. It is contempt of court.If the person has the money in the bank, you can apply for athird party debt order for the money to be to be paid directly to you but therewould need to be £30,000 in the account to pay you the full amount in one lot.If they have a house or property, you can apply for aCharging Order against the property which means they would not be able to sellor remortgage it without paying you.Finally, and it may not necessarily give you your money, youcan serve a statutory demand on them (which is free) and ultimately, petitionfor their bankruptcy. If you do make him bankrupt however it is going to costyou almost £1000 to do so as the fee is quite substantial and then, you willonly be on a list of unsecured creditors and you may get nothing at all.You haven’t got any claim to make against the employers forstress or psychiatric injury based upon what you told me. SorryPlease don’t forget to use the rating service to rate myanswer positively so that I get credit for my time today. The thread does notclose, even though you may think it does, it remains open and we can stillexchange emails if you wish. Kind regards
Customer: replied 7 months ago.
X moved countries as X was unable to carry on normal work in previous country, both EU. The new employer does not know this but has good reason to think of it. I can't apply for an attachment, and the new employer knows this. I have explained that I am severely out of pocket and in fear and depressed, but no response. However, they are ignoring my asking for assistance in seeking payment of the court order.I believe I can claim injury in the country I am connected to and/or have been for the last years. Is that correct? And even though the new employer knows about my court order and associated problems, you do not think there is chance to being them to court if X is not answerable and yet works there every day, defamed me in line of work (I say) and the workplace is supposed to have strict code of conduct for staff in relation to honesty and not bringing into disrepute the place?
Customer: replied 7 months ago.
they rent a house, they do not keep property in the country of work, probably to avoid any court orders. Re the claim against the employer, do they usually have a duty to safeguard against their employees harming others by their conduct a) at work b) outside work?
Customer: replied 7 months ago.
in the end X will probably lose this job because it was taken with a new place which did not know of the previous problems. The employer seems as if it is being a bit corrupt in caring only about what they can do to prevent any stress to the employee or themselves. But it's ignoring what harm is occurring to me.
Expert:  Stuart J replied 7 months ago.
Subject to the timescales I mentioned earlier, the firstthing you need to do here is get a psychiatric report that says that yousuffered psychiatric damage as a result of the actions of either the employeror the employee. Until you have that, there is no point in even contemplating aclaim and also, if it is outside the 3 year period in the UK, it is not evenworth considering. That period is different in other countries and, forexample, in France, the period is only 12 months.
Customer: replied 7 months ago.
yes I will need reports to show any damage. It is ongoing at the moment and has been over last 1.5 years when the employer knew there was a court order but ignored this. Sorry, again do you know if I can bring a claim in a country which is the one connected to me, more than the employer or employee ( since I don't know which country they have residence in and the employer wouldn't say). If it is against the employer, I would prefer to bring it in England than in the country where they are based. If it is in England is it right that I would begin before court by making a letter of claim?
Customer: replied 7 months ago.
the employee is 25 years older and has employment of 400,000 but has in the past avoided paying and does not keep address, so i went to employer which is public body and they did nothing
Expert:  Stuart J replied 7 months ago.
You would bring a claim in the country where the damage wascaused. If you are alleging the damage was caused by a company in a differentcountry, it would be for the court to decide whether that was the UK court oranother country court.If you get a judgement in England, you can enforce that throughoutEurope and in many countries throughout the world.
Customer: replied 7 months ago.
thank you, ***** ***** should be possible in theory but not really without aoe and without any other help from employer (telling them they should pay court orders). finally can this be made not on the pages here
Expert:  Stuart J replied 7 months ago.
Please remember that no one knows who you are always you are but unfortunately, this is a public forum and therefore it is viewable on the Internet. However, I can close the question after you have rated the service.Kind regards
Expert:  Stuart J replied 7 months ago.
Good morning. Can I assist you any further with this?When you get a moment, please don’t forget to use the ratingservice to rate my answer positive. It doesn’t cost you any extra but it’s theonly way that I get credit so it does help me greatly. Thank you.

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