Burglar awarded £5,000,000 of tax-payers money. But why?

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  • Опубліковано 29 вер 2024
  • An excuse to talk about negligence, personal injury, and how we calculate damages.
    I'm going to pretend that match cut at the end was deliberate and not just a fluke.
    Where am I today? www.cornwall-ca...
    Disclaimer: Neither this nor any other video, may be taken as legal advice. I accept no liability whatever for any reliance placed upon it.
    Founded by Alan Robertshaw and @Blackbeltbarrister
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КОМЕНТАРІ • 127

  • @FlyingSpaghettiMonster2000
    @FlyingSpaghettiMonster2000 2 дні тому +14

    6:55 naomi Campbell is an interesting one.
    Just banned from a charity role, due to its mismanaged funds.
    Worth a short video on charities and their obligations?

    • @Lexen_Rapier
      @Lexen_Rapier День тому +4

      I'd like to know why it doesn't come with fraud or other charges.

  • @TNT-projects
    @TNT-projects 2 дні тому +9

    We were heavily hit in a road accident , they admitted liability. But I was more injured than my wife , but I am her full time carer … my recovery has taken over a year.My wife has had about 3 months of injury but a lot more loss of amenity because I have been unable to take her places , unable to help her as much ..
    I was unable to complete the disabled modifications on the house we bought just before the accident
    We have been done over by the whiplash laws. Most of the injuries were back neck “soft tissue” and we are not being helped much by so called “specilist law firm”
    I need help to complete wet room , widened doors and I just can’t bend,
    I fall through the compensation gaps. Don’t work , full time carer.
    The work I would have done this year would have cost £15,000- £20,000

  • @alantheinquirer7658
    @alantheinquirer7658 2 дні тому +7

    Clickbait might work for a while but it can become annoying.

  • @SeymourSunshine
    @SeymourSunshine 2 дні тому +37

    I wonder: can the burglar's previous victims now sue him for the losses and damages he caused them?

    • @OO-ex5iq
      @OO-ex5iq 2 дні тому +6

      I agree he should be sued.

    • @maggiej253
      @maggiej253 2 дні тому +4

      I was pondering that point too 🤔

    • @Sotto_
      @Sotto_ 2 дні тому

      Statute of limitations?

    • @KenFullman
      @KenFullman 2 дні тому +9

      @@Sotto_ We don't have a "statute of limitations" in the UK. American law doesn't apply here. Hence why we can't claim the right to bear arms under the second amendment.

    • @tasha24-7
      @tasha24-7 2 дні тому +1

      Good question 🤔

  • @TheVigilant109
    @TheVigilant109 2 дні тому +10

    Very interesting. Love the background shots

  • @charleswillcock3235
    @charleswillcock3235 2 дні тому +5

    Another excellent video. Thanks for sharing.

  • @Simon-zb6fp
    @Simon-zb6fp 2 дні тому +8

    No money is compensation for life changing injuries

    • @southerncomfortuk
      @southerncomfortuk 2 дні тому +1

      Well said 👍

    • @conormcmenemie5126
      @conormcmenemie5126 2 дні тому +3

      Apparently the 'victim' was involved in antaginising the perp - a criminal with a knife. Compensating a person for their own stupidity and provoking an event.

  • @Swansong321
    @Swansong321 2 дні тому +11

    Brilliant interesting information!..it's fair enough..clearly worked out ..his injuries were clearly horrific...interesting that scum your fav movie!😂..thanks so much!❤

    • @artmedialaw
      @artmedialaw  2 дні тому +7

      Well I love the Wicker Man but I see that more as art than just a film. But Scum!
      "4737 Carling Sir!"

    • @ony583
      @ony583 2 дні тому

      ​@@artmedialaw"Where's your tool?"

    • @dh2032
      @dh2032 2 дні тому +1

      @@artmedialaw Wicker Man back from the days of F/x was very minimalist, and mostly in camera

    • @TheCatLady65
      @TheCatLady65 2 дні тому +1

      I watched that movie on video here in South Africa when I was young. It left a lasting impression on me! Wicker man is great as well 😸

  • @d1nonlytimcouk
    @d1nonlytimcouk 2 дні тому +5

    The carer is the family member the professional getting paid to provide care is a care worker, with rights,. unlike the family member.

  • @john_michael_white
    @john_michael_white 2 дні тому +18

    Don't lean into the clickbait duck. Clickbait leads to a certain type of audience, pandering to a certain type of audience leads to applause of a certain type of content, chasing that applause leads nowhere good I can think of another channel that's gone down that route.
    Good video though. This guy was a scumbag, but he wasn't sentenced to being crippled, and society has a duty of care to those it incarcerates - even those far worse than a burglar. I'm glad we live in a country where everyone is equal under the law, for good and bad. As seems most often the case the result here seems to follow principles most reasonable people would agree with.

    • @penelopehill9710
      @penelopehill9710 2 дні тому +1

      I certainly am that "certain" type of audience!
      Scrolling through my many notifications, burglar gets £5million caught my eye.
      I clicked right away and wasn't disappointed.
      John I suspect you did the same.

    • @john_michael_white
      @john_michael_white 2 дні тому +4

      @@penelopehill9710 No, long time fan of this channel, I very much enjoy that it has great explanations of the law in a rational calm way.

    • @yorkiemike
      @yorkiemike 15 годин тому +1

      Agreed. Comments on a certain other channel I can think of have become a cess pool!

  • @robjmck
    @robjmck 2 дні тому +42

    While the prisoner is a criminal, he should be protected by Law as the prison service have responsibility. So I agree he and other prisoners should get compensation if injured by other prisoners. At the end of the day these events will lead to change and people will get proper protection.

  • @sameyers2670
    @sameyers2670 2 дні тому +5

    Thank you for covering this and explaining it.

  • @arthur1670
    @arthur1670 2 дні тому +6

    Can you make a video explaining civil law if the person that wronged you gets money…. Can they get a slice of the pie for the loses and emotional damage from the events

    • @hannahreynolds7611
      @hannahreynolds7611 2 дні тому

      @artmedialaw Wasn't there a case of a convicted arpist who won the lottery and then had to pay compensation to his victims. I think that in the situation you put forward, the special compensation would be ring-fenced, but the general compensation would be fair game.

    • @arthur1670
      @arthur1670 2 дні тому

      Steven Wilson committed his home invasion in 2017. So 7 years ago, civil damages are 6 years right? Unless it’s held in trust is his asset I’m lead to believe

  • @alanparkinson549
    @alanparkinson549 2 дні тому +2

    "Would not OF occurred." Aargh! I hate that mistake, can I claim for the pain it caused me? Well done for spotting it and correcting immediately.

  • @arthur1670
    @arthur1670 2 дні тому +3

    This is not click bait, not like those this 10 million law suit dam I they are trash only just submitted it

  • @garrybowers414
    @garrybowers414 2 дні тому +2

    People need to remember this .with all the prisoners just released

  • @andrewhickton3189
    @andrewhickton3189 2 дні тому +7

    6:41 A tax inspector I knew years ago, said a similar process was used when dealing with arrested lady's of the night. He would, from time to time have to judge how attractive the detained ladies were, so as to work out how much thay owed in tax.

    • @johnclements6614
      @johnclements6614 2 дні тому

      That seems arbitrary. She could just work one day a week to boast a small income but still be relatively poor or she could work five days a week and have no other income.

    • @SallyAnn-y8p
      @SallyAnn-y8p День тому

      That’s some pretty privilege?

  • @tasha24-7
    @tasha24-7 2 дні тому +4

    Honestly 5m is a bit excessive, ñbut I have been thinking about the prison system and how it has the potential to transform or criminalise further
    I think that the whole prison thing needs a big overhaul too.... if its so effective then why are there repeat offenders.?... I think crime and law could be taught at school.... in fact I think its important that we should all have a rudimentary understanding of the judiciary.... could even include case studies of victims - how their lives were impacted. I remember we were burgled when I was a kid.... it never registered with me but it seriously affected my brother who had nightmares for at least a year after... he'd wake up in the middle of the night crying out....
    Sorry too much info.... I think prison needs an overhaul.... in fact I was just thinking about it and this video showed up! Thanks

    • @zorbakaput8537
      @zorbakaput8537 2 дні тому +3

      "Honestly 5m is a bit excessive" How do you know, are you privy to all the details the judge had? The prisoner may require special care for the rest of their life after release and the award should take account of that.

    • @tasha24-7
      @tasha24-7 2 дні тому +2

      @@zorbakaput8537 yeah I suppose everything is really expensive these days.... youre right ✅

    • @bk2764
      @bk2764 2 дні тому

      Interesting thoughts on teaching this stuff, I'm here to learn and if schools touched on this (at the least) then you have the start of something. I don't have evidence of whether prisons work but we do seem to keep filling them up and having the same level of crime.
      Education is always worth trying.

    • @alancorn8308
      @alancorn8308 День тому

      @@bk2764we have decades of criminology research showing prison doesn’t work

  • @henrytwigger2245
    @henrytwigger2245 22 години тому +1

    If he's disabled he won't be able to go out burgling any more, so his compensation must take into account lost earnings.

  • @AlexSwanson-rw7cv
    @AlexSwanson-rw7cv 2 дні тому +1

    So you're saying we need to make some legal changes before we can address the shortage of prison places with thunderdomes?

  • @banedon8087
    @banedon8087 2 дні тому +2

    "Little Timmy got mowed down by a combined harvester? Well, he wasn't bring in money was he? Also, he ate so much and now you don't need to feed him. I think you owe money to the combine driver!"

    • @john_michael_white
      @john_michael_white 15 годин тому

      @@banedon8087 To be fair how did little Timmy end up in front of it? Unless it was accidentally harvesting a school playground, you can't help but wonder if the parents might bear some culpability for Timmy ending up in a farmer's field...

  • @se9225
    @se9225 2 дні тому +5

    How much???!!!???

    • @artmedialaw
      @artmedialaw  2 дні тому +6

      I was going to use that as a title! But I thought it was a bit Yorkshire.

    • @spudgun1978
      @spudgun1978 2 дні тому +4

      @@artmedialaw Yeah but a 'bit Yorkshire' is sometimes needed. I kind of understand it the result though but, holy heck how stupid were the guards...

    • @artmedialaw
      @artmedialaw  2 дні тому +8

      I'm just amazed I got through the vid without making any Porridge references.

    • @se9225
      @se9225 2 дні тому +4

      @@artmedialaw nowt wrong we a bit Yorkshire lad 😉

  • @loc4725
    @loc4725 2 дні тому +1

    In the event of a parent suing for personal injury on behalf of their child is it the parent who keeps the money or is it considered to be held 'in trust'?

    • @artmedialaw
      @artmedialaw  2 дні тому +3

      The claim is brought on behalf of the child through their 'next friend'. Usually a parent. But any damages awarded belong to the child. When a claim brought by a child settles the court has to approve the settlement.

  • @cloudsingh3147
    @cloudsingh3147 6 годин тому

    Good morning to you. Hope you're well. Did you say 'garnish your wages'? What a lovely phrase if so. A Legal term? Thank you. 😊.

  • @dansheppard2965
    @dansheppard2965 3 години тому

    Adam's got the clickbait side of things, sorted, 😀. You're the pepsi to his coca-cola! I sigh a little when I see something about Prince Harry or whatever, but I know your stuff will be interesting despite that.

  • @honda4004
    @honda4004 15 годин тому

    just obtained knowledge of the liberty of the clink and the winchester geese ..and the partnership of the city .

  • @m3gthraeryn
    @m3gthraeryn 2 дні тому

    Hi Al! Love your click bait confession! Yeah, it worked, but I watch all your videos.

  • @bluetoad2668
    @bluetoad2668 3 години тому

    But no one on that submarine was a passenger, they were all mission specialists - was there still a duty of care?

  • @kennethsimmons2029
    @kennethsimmons2029 2 дні тому

    Interesting. Remark at 16 14.cheaper to kill given the loss of 4 postmasters and the process continuing now the drama has wrapped Eliot Duncan in Sept 2024 evidence to enquiry makes recused chairman of 1999 and complicit police force seem like yesterday but that is the nature of flashbacks

  • @westcommonroom9737
    @westcommonroom9737 2 дні тому

    Worth looking at the development of negligence since, was it, Donoghue v Stevenson??

  • @SallyAnn-y8p
    @SallyAnn-y8p День тому

    Olivia Pratt korval case ring up police explain been shot and police say oh well are you attending well nah can’t be bothered no duty of care? Hmm

  • @MHolt9999
    @MHolt9999 2 дні тому

    Thanks Al - really helpful when you expand on things like this - hope you had a great day out!

  • @Mike-lb1hx
    @Mike-lb1hx 2 дні тому

    The level of general damages in English Law for serious injuries are derisory while those for minor injuries such as whiplash are if anything too high. The minor ones should be reduced (or the recoverable costs reduced) to keep the overall costs the same but deliver the compensation to those who need it rather than to lawyers

  • @newagetemplar6100
    @newagetemplar6100 2 дні тому

    I’d like you to do an interview with Andrew Bridgen , if you dare 😉

  • @Ironic-Social-Phobia
    @Ironic-Social-Phobia День тому

    Could the insurance companies of the homes he robbed go after him for their loss due to his actions?

  • @magistratesblog7928
    @magistratesblog7928 2 дні тому

    Bottles of ginger beer and snails springing to mind watching this one.

  • @stevenmackay3342
    @stevenmackay3342 2 дні тому

    So, can fathers sue the home office if their children become the victim of a local authority bedroom entitlement?

  • @SallyAnn-y8p
    @SallyAnn-y8p День тому

    What if, a person is detained in a shop or any place, the shop owner calls the police and say that the detained suspect wants to talk to the police and have the police attend, the police told the shop owner that they could detain a person for a search, the police don’t bother to attend to perform the search. Suspect was innocent anyway.

  • @raysutton2310
    @raysutton2310 2 дні тому

    Seems to me he should have either got a reduced sentence or compensation but not both.

  • @jamescardoness3037
    @jamescardoness3037 2 дні тому

    How much did the Lawyers get ?

  • @TheTreeOctopus
    @TheTreeOctopus 2 дні тому

    Donaghue v Stevenson! 🐌🐌🐌

  • @southerncomfortuk
    @southerncomfortuk 2 дні тому

    Great video once again.

  • @davidioanhedges
    @davidioanhedges День тому

    Siling it down, in Cornwall ... never, it's far from the north ...

    • @artmedialaw
      @artmedialaw  День тому

      Well they've got me saying 'Right on' and 'where's that to?' so I'm trying to introduce a bit of Yorkshire.

  • @jameslittleton4131
    @jameslittleton4131 2 дні тому

    An interesting co-incidental subject, having just watched a video about a man who rode his snowmobile into a parked USArmy helo, and was awarded 60% damages as he was deemed 40% at fault due to being on prescribed medicine, drank at least 2 beers, riding at excessive speed and wearing dark tinted goggles at night. Apparently the air field in question was also a snow mobile track.

  • @_Mentat
    @_Mentat День тому

    Surely the loss of a child should cover the child's earnings over a 45 year career; replacement of the elder care you would have got, and emotional loss of all grandchildren.

    • @artmedialaw
      @artmedialaw  День тому +2

      There would be no obligation though for the child to support the parents; they could just keep their wages themselves. Or to look after you. So families can only recover where there's the loss of a current breadwinner.

  • @brianwareham2933
    @brianwareham2933 День тому

    How does an advocate deal with a witness in a line of questioning where the witness refuses to (cannot)* accept a logical answer to the trail of questions you are leading them down and you have to go around the merry-go-round again to get the answer out of the witness they don't want to give? even though the answer is obvious to all except the witness?
    *because of warped thinking process etc.

    • @artmedialaw
      @artmedialaw  День тому +1

      If you're doing cross examination then that can be exactly what you want. If a witness won't/can't provide the obvious answer then that undermines their credibility. Of course, if it's your own witness then it becomes a problem.

  • @fluffycolt5608
    @fluffycolt5608 День тому

    Can the person who was assaulted by someone on early release sue the home office then?

    • @artmedialaw
      @artmedialaw  День тому

      No. See my earlier video on how the police and other authorities don't owe a duty of care to victims.

  • @penelopehill9710
    @penelopehill9710 2 дні тому +9

    How much of that £5million went to barristers???

  • @kevinrayner5812
    @kevinrayner5812 День тому

    Is somebody on remand mixed in with the time serving convicted criminals? If so it seems wrong that "innocent" people are mixed in with convicts.

    • @artmedialaw
      @artmedialaw  День тому

      In the old days we had separate Gaols for people not yet tried. But now it is all a bit mixed just because of the inadequacies of the prison estate.

    • @kevinrayner5812
      @kevinrayner5812 22 години тому

      @@artmedialaw So innocent until proved guilty people are treated as if they were guilty.

    • @artmedialaw
      @artmedialaw  22 години тому +1

      There are a few differences. Technically they can wear their own clothes. But if they are in a mixed population then they have to wear uniform. That's to stop convicted prisoners borrowing civvy clothing for escapes.

  • @brettlha
    @brettlha 2 дні тому +4

    I read in one newspaper that this man needed a walking stick, walking frame and wheelchair. I have been involved in civil claims (I do a lot of work as an expert witness) where undercover video evidence showed that a man was able to do much more than he claimed he was capable of. It would be interesting in this case to see the medical reports, and perhaps even obtain video evidence. Based on other cases I have seen, 5 million seems more than I would expect unless he needed a team of full time careers for many years. Is there evidence to show that criminals burglars etc are more likely to exaggerate their injuries than individuals who have had a blameless lifestyle. By the way I have lots of personal experience of claims where there has been (in my opinion) unwarranted exaggeration by medical experts of the level of help required. So called independent experts sometimes seem to take sides.

    • @fix0the0spade
      @fix0the0spade 2 дні тому +1

      The victim (the burglar) suffered a laceration to his spinal cord and has lost mobility in his legs permanently. I've only read the ruling summary (don't have time to go through it all) but it looks like his condition is expected to worsen over time and he will need more and more support as he ages. The guy's 36, if he lives another 40 years that's £125'000 a year, I'm not sure I'd trade the use of my legs for that.

    • @artmedialaw
      @artmedialaw  2 дні тому +2

      Just to be incredibly pedantic, it's only a laceration if it's inflicted with a blunt instrument. If it's a knife it's an 'incised wound'.

    • @fix0the0spade
      @fix0the0spade 2 дні тому

      @@artmedialaw A pedantic Barrister?! Whatever will they think of next :)

    • @artmedialaw
      @artmedialaw  День тому

      I only learned that from a pedantic pathologist!

  • @nutzandy
    @nutzandy 2 дні тому

    Excellent explanation, as always, but one question.
    If he falsely claimed for loss of non existent earnings, shouldn't the whole claim have been struck out, with Costs awarded against the Claimant, for fundamental dishonesty?

    • @artmedialaw
      @artmedialaw  2 дні тому +2

      I've done a vid on fundamental dishonesty. It's quite a high bar. So 'exaggerating' a bit you seem to get away with.

    • @nutzandy
      @nutzandy 2 дні тому

      @@artmedialaw thanks for the reply. Looks like I'll be watching more of you instead of Naomi Campbell later 👍

    • @artmedialaw
      @artmedialaw  День тому

      I'm planning to jump on the back of Dan's latest vid with a vid on privacy law. So Naomi will be featuring in that.

    • @SallyAnn-y8p
      @SallyAnn-y8p День тому

      @@artmedialawlook forward to hearing about the new Tort mopi. In all the cases I read the intrusion and or sharing what should be kept private is evidenced by media publication but I wonder if it could be extended to other scenarios not involing the media print.

  • @danielgreenaway1587
    @danielgreenaway1587 2 дні тому

    Anti alcohol enzymes, how long to store your bevvies before they wear off?

  • @Stebs_Paintings
    @Stebs_Paintings 2 дні тому

    I'm the daddy now, blah blah blah. 😅

  • @angusmacmillan5365
    @angusmacmillan5365 2 дні тому

    Tongue in cheek! I think t those (73) who were burgled should now raise a claim against the convicted burglar for their items stolen to be replaced. I wonder what their chances of success would be?

  • @stewarth99
    @stewarth99 2 дні тому +2

    Please stop using “you know”. We don’t, that’s why we’re listening to you.

    • @artmedialaw
      @artmedialaw  День тому +1

      I know! (see what I did there). But it's ironic. On the advocacy training I'm always pulling the young barristers up for verbal tics like that.

  • @somethingfunny6867
    @somethingfunny6867 День тому

    yet again a 2 teir system.

    • @yorkiemike
      @yorkiemike 15 годин тому

      How do you work that out?

  • @paulgibbons2320
    @paulgibbons2320 День тому

    Just crazy. There is no way that a legitimate working situation, this man would have made 5 million. A person who actively contributes to society in a standard 9 to 5 job would never accumulate this kind of lump sum. Compensation culture is surreal. We should never have adopted it from the Americans.
    To hand this man 5 million pounds is an insult to every victim of burglary. An every law biding tax payer.
    Crime clearly does pay.

    • @yorkiemike
      @yorkiemike 15 годин тому

      I think you're missing the point that the 5 million will have to pay for the significant amount of care and adjustments that he will need for the rest of his life, not all which will be afforded by the NHS. The guy can't walk anymore by all accounts, maybe look up the case before saying "crime clearly does pay".

    • @paulgibbons2320
      @paulgibbons2320 15 годин тому

      @yorkiemike the point is supporting the idea of compensation culture.
      An it's justifications. I think there is a higher point of the viability of pay off culture.
      In a world where you can pay people off. Does the rich man ever really face justice ?
      Hard for someone who does not support the principle of compensation culture to really contribute.
      Have you ever read an article about compensation and thought that sounds right ?

    • @yorkiemike
      @yorkiemike 14 годин тому

      @@paulgibbons2320 This has got nothing to do with "compensation culture"! A man suffered life-changing injuries whilst under a duty of care of another, who admitted liability. Do you not think someone should be put right under those circumstances? It's hardly the same as someone sticking a naughty claim in for whiplash when they've been in a minor car accident.
      "Does the rich man ever really face justice ?" what has that got to do with the matter at hand?

  • @fredflintstone1
    @fredflintstone1 2 дні тому +1

    coal miners used to rub coal dust into small cut on the face and get damages from the coal board

  • @Linbrook
    @Linbrook 2 дні тому

    I am glad they are spending our Winter Fuel Allowance Wisely.

  • @alexmarshall4331
    @alexmarshall4331 2 дні тому

    Did I hear you right...9 years for burglary? He must have been an extremely persistent burglar...very nasty crime...reduced by 3½ years...he'll be out in 4 for definite unless the screws take issue 🩲⤵️