x404.co.uk
http://www.x404.co.uk/forum/

Son beaten by father sues mother in High Court
http://www.x404.co.uk/forum/viewtopic.php?f=19&t=8468
Page 1 of 1

Author:  pcernie [ Tue May 25, 2010 9:08 pm ]
Post subject:  Son beaten by father sues mother in High Court

Quote:
A man is suing his mother over her alleged failure to protect him from his father's beatings.

The 32-year-old County Durham man, who cannot be identified, told the High Court in London that his mother, now in her late 60s, assaulted him herself.

He claimed that she aided and abetted daily punishment by her husband by reporting his wrongdoings.

His mother denied liability and has claimed the case was brought outside the legal time limit.

The man, who was brought up in west London, claimed he was assaulted up to four times a day between the ages of five and 19 by the father he called a "tormentor".

He said he was hit with a stick, belt, electrical lead or wooden brush until he was 16 and struck with an open hand and throttled or choked as he got older.

'Reasonable chastisement'

His mother said her son was "exaggerating".

She did agree that she slapped him occasionally but said it was "reasonable chastisement" and denied hitting him with a clothes brush.

The son said in court: "I saw that she did not like me and it led me to think that her primary concern in seeking help was to make her home life run more smoothly and not the welfare of myself or my siblings.

"I wouldn't say my mother had done her best to protect me. I always felt she could have done more.

"She wasn't a tormentor like my father was, continually looking for excuses to assault me.

"For the best part of it she was herself fairly harmless."

The man is seeking damages for pain and suffering as well as £7,800 to pay for therapy.

He claimed he first consulted a solicitor 10 years ago but did not take action as he found ordinary life a struggle.


http://news.bbc.co.uk/1/hi/england/tees/8704702.stm

I can't wait to see how this turns out... would this case be somewhat unique in terms of the alleged victim accusing the mother of not doing enough to protect him? :?

Author:  belchingmatt [ Wed May 26, 2010 7:29 am ]
Post subject:  Re: Son beaten by father sues mother in High Court

Quote:
The 32-year-old County Durham man, who cannot be identified, told the High Court in London that his mother, now in her late 60s, assaulted him herself.


So she has just come into some money then by the sounds of it.

Author:  l3v1ck [ Wed May 26, 2010 9:31 am ]
Post subject:  Re: Son beaten by father sues mother in High Court

How on earth does he intend to prove this twenty years later?

Author:  Amnesia10 [ Wed May 26, 2010 11:05 am ]
Post subject:  Re: Son beaten by father sues mother in High Court

pcernie wrote:
would this case be somewhat unique in terms of the alleged victim accusing the mother of not doing enough to protect him? :?

No that would be a reasonable case. She should have done as much as possible to protect him, though the kid could have been a right tearaway and deserved them all. In that case she has nothing to fear. If he was beaten by the father without cause then yes she should have intervened owing a duty of care, but now is too late. I can only assume that the father has died and so cant be sued.

It is the same basis that a person can sue the police because they stood around because they failed in their duty of care.

Author:  Zippy [ Wed May 26, 2010 11:08 am ]
Post subject:  Re: Son beaten by father sues mother in High Court

I wonder what the statute of limitations is for this kind of thing?

Author:  rustybucket [ Wed May 26, 2010 1:49 pm ]
Post subject:  Re: Son beaten by father sues mother in High Court

l3v1ck wrote:
How on earth does he intend to prove this twenty years later?

I heartily suspect that this case is less about proof and more about this man finally having his say and being listened to.

Author:  Amnesia10 [ Wed May 26, 2010 5:20 pm ]
Post subject:  Re: Son beaten by father sues mother in High Court

Zippy wrote:
I wonder what the statute of limitations is for this kind of thing?

For a minor up till the age of 21.

Author:  Linux_User [ Wed May 26, 2010 7:25 pm ]
Post subject:  Re: Son beaten by father sues mother in High Court

Zippy wrote:
I wonder what the statute of limitations is for this kind of thing?


For civil cases it's usually six years (Limitation Act 1980), though the Court can decide to still hear the case (usually where there are mitigating circumstances).

http://www.opsi.gov.uk/RevisedStatutes/ ... 00058_en_1

Author:  l3v1ck [ Wed May 26, 2010 7:28 pm ]
Post subject:  Re: Son beaten by father sues mother in High Court

rustybucket wrote:
l3v1ck wrote:
How on earth does he intend to prove this twenty years later?

I heartily suspect that this case is less about proof and more about this man finally having his say and being listened to.

But without evidence, who'll listen to him?
My initial thought was the same as belchingmatt's. Somebody looking for cash or has a grudge for some other reason.

Author:  Linux_User [ Wed May 26, 2010 7:35 pm ]
Post subject:  Re: Son beaten by father sues mother in High Court

l3v1ck wrote:
rustybucket wrote:
l3v1ck wrote:
How on earth does he intend to prove this twenty years later?

I heartily suspect that this case is less about proof and more about this man finally having his say and being listened to.

But without evidence, who'll listen to him?
My initial thought was the same as belchingmatt's. Somebody looking for cash or has a grudge for some other reason.


With it being a civil case, he doesn't necessarily have to "prove" anything - the case will be decided on the "balance of probabilities", so all he has to do is convince the Court it happened - it'll virtually be down to simply whether they believe him, or his parents.

Page 1 of 1 All times are UTC
Powered by phpBB® Forum Software © phpBB Group
https://www.phpbb.com/