MRS HARRINGTON FILLED IN A FORM ON BEHALF OF HER SON, DENVER, APPLYING FOR CRIMINAL COMPENSATION FOR INJURIES HE SUFFERED AS A RESULT OF A STREET ASSAULT. SHE SIGNED DENVER'S SIGNATURE (DENVER HARRINGTON) WHERE REQUIRED ON THE FORM.AT THE TIME OF THE FILLING IN AND SIGNING OF THE APPLICATION FORM, THE LIMITATION PERIOD FOR THE CLAIM HAD NOT EXPIRED.Question - WAS THE COURT JUSTIFIED IN DENYING THE CLAIM ON THE BASIS THAT SHE SIGNED THE SON'S SIGNATURE ON THE APPLICATION FORM.1 IF SHE SIGNED HER SON'S SIGNATURE WITH THE SON'S PRIOR PERMISSION 2 IF SHE SIGNED HER SON'S SIGNATURE AT THE SON'S PRIOR EXPRESS REQUEST.3. IF SHE SIGNED THE FORM AND AFTERWARDS TOLD DENVER WHO THEN SAID "THANKS, XXXXX XXXXX WANTED TO DO SO MYSELF BUT I JUST COULDN'T FACE IT AS THE WHOLE MEMORY OF IT ALL MAKES ME SICK."Thank you,Deborah HarringtonPS AM I NOW COMMITTING A FRAUD BY SIGNING THIS eLETTER IN THE MOTHER'S NAME(I HAVE NEVER MET MRS HARRINGTON, NOR HER SON, DENVER. MY BROTHER, KIARAN, TOLD ME WHAT HAPPENED TO THEM TODAY AT COURT AND I SHALL BE EMAILING HIM YOUR REPLY, WHICH, IF FAVOURABLE, HE, NO DOUBT, WILL PASS ON TO THEM.)Regards,Malachy Burke
Province/Country relating to question : united kingdom
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.I'm afraid they are allowed to refuse the claim on this basis.But you can appeal their decision. You will still be within the time prescribed if your original claim was just in time. However, I'm afraid you cannot forge another persons' name even with their permission. It might reasonably have been seen as a minor objection but the CICA ban be very picky I'm afraidI'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.Hope this helps. Please remember to rate my answer either OK SERVICE or above and then I will give you related information for free.
That wouldn't change my answer above.
Thanks for your prompt reply.
Please refer me to the documentation which lists grounds upon which the CICA may dismiss applications. Upon receipt of this I shall sanction your $39 payment.
Regards XXXXX XXXXX Burke
I'm really sorry but I'm afraid this site does not include research.I've given you my answer.
A reasoned answer would have secured payment.
I'm afraid im not prepared to do detailed research on an obvious point which is that you can't forge his signature.
Relist: Answer quality.It is not a property type question so please direct it to a lawyer versed in UK tortious remedies.Cheers XXXXX XXXXX
The answer you've had is correct. If you have 'signed' his signature on an application for compensation that is sufficient grounds for the claim to be turned down. Incidentally, if she had his consent, why did he not sign the form himself? How do the court know that she had his consent?Law Denning41105.5888858796
Revisiting a trauma such as a horrific assault, even indirectly, is very often anathema to the victim, to such an extent that filling in a compensation claim form can simply be too much to bear - witness the trickle of Holocaust survivors who returned to Poland to reclaim their homes and possessions; again examine the rape statistics where only a fraction of raped women report their attackers to the police, even less that for men who have been male raped. Same with battered wives - here we find most put up with their injuries rather than suffer the further awefulness (indignity) of being 'put through it all again'; few sue their attackers.
I have no idea why Mrs Harrington did not insist that her son signed his compensation claim form. Perhaps knowing the dread the memory of the assault still held for him she did not wish to bring it up more than was needed ... after all, who on earth would think that her signing her son's name to commence his claim for compensation which could if granted go only to him would be sufficient and just cause to later deny him his lawful right to compensation.
Some years ago a good friend of mine was hospitalised for around six weeks and then confined to bed for many weeks after he was discharged. He had been repeatedly stabbed and beaten with a pool cue by three attackers and had almost been killed. After he'd left hospital I reminded him time and time again that he ought to get solicitors started on his claim but he never did ... he answered me each time that he wasn't ready and would make the claim when he felt a bit better about it, that he was still not up to doing anything about it. Sadly, he never did feel well enough and now the time to present a claim has long expired. Unable for years to confront what he experienced even enough to fill in a form about it, he missed out on a six figure compensation figure. To this date he has not come to terms with what happened to him.
Mrs Harrington did what most mothers would do. Your colleague termed her writing her son's signature as "forgery" despite no hint on her part of any wrongful intent. You now say you agree with her despite the Law's insistence that for a writing to be legally classed as "forgery" it must have been accompanied by the necessary element of "mens rea".
Since there was no forgery in Law, please tell me the grounds in Law for Denver Harrington's claim being 'turned down'?
It was turned down because he did not make the application, she did. She had no authority to do so. All he had to do, was signee's name after she had completed the form. I do not agree with you that Mrs Harrington did what most mothers would do. I believe that most mothers would have completed the form and then ask their son to sign it. The grounds in law are quite simply that HE did not make an application,SHE did.
She is quite a liberty to appeal the decision or make an application to court for a judicial review. It is not a matter that I would be going to court on a no win – no fee basis.
I cannot believe that simply signing a piece of paper would be such a traumatic experience. I'm sorry, but neither I nor my colleague can give you the answer you want to hear and we both agree that the decision to turn down the claim on the basis that it was her claim and not his, was the right decision.
Thanks for your reply, please refer me to where I can find CICA application guidelines to enable me to check whether parental or other agental signatures are listed as grounds to deny relief. Upon receipt of this I shall sanction your $39 payment
This is the CICA site, http://www.justice.gov.uk/victims-and-witnesses/cica
which contains everything you need to know.
There is one set of circumstances under which a third party would be allowed to sign the form and that is if he was mentally disabled and unable to sign on his own or didn't know the nature of the quality of what he was signing. Regards
PGD Law. 20 years legal profession, 6 as partner in High Street practice
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