The Civil Law Department at David Gray Solicitors in Newcastle, UK

Civil Liberties, Human Rights and Inquests

The civil law team at David Gray Solicitors has developed considerable expertise in advising and representing clients who need to defend their civil liberties or who have a claim under the Human Rights Act.

David Gray Solicitors has a contract with the Legal Services Commission in the category “Actions against Police” which means that clients who are eligible may have their cases funded by the Legal Services Commission.

It also means that the team can advise clients in cases of police misconduct and we have experience of advising and representing clients in cases involving racism, violence, unlawful imprisonment, and malicious prosecution.

The civil liberties and human rights services offered by David Gray Solicitors includes:

• Advising on the police complaint procedure;

• Bringing claims for compensation;

• Advising on disciplinary proceedings or criminal proceedings against police officers;

• Advising clients who have been unlawfully detained (which may include detention in police custody, prison, or under the mental health legislation).

Clare Routledge is a Higher Courts Advocate with considerable experience in advising and representing bereaved families at inquests and we are able to help families through the difficult process of the Inquest. This will include advice on the procedure and on human rights issues which often arise.

Although Legal Aid is not usually available for representation at an Inquest, in exceptional cases where a death has occurred whilst the deceased was in police custody, in prison, or detained under the Mental Health Act or in circumstances following a chase by a police car, Legal Aid may exceptionally be available.

David Gray Solicitors has an in-house Human Rights Consultant, Kevin Kerrigan, who is available to advise when human rights issues arise.

David Gray Solicitors is a member of the INQUEST Lawyers Group.

Personal Injury Claims

If you have been injured in an accident that was not your fault in the last three years you can claim compensation for your injuries and other losses.

Can I claim?

You can claim compensation if you suffered an accident or injury which was not your fault. This could be because of:

•           A Road Traffic Accident

•           An Accident at Work

•           Bicycle Accidents

•           Trips and Slips

•           An Accident on Holiday

•           Sports Accidents

•           Criminal Injuries

If the accident was partly your fault and partly someone else’s fault you may be able to claim compensation. However, the amount of compensation you receive will be restricted to the amount the other person is held to be to blame i.e. if they were 50% at fault and you were 50% at fault you would receive 50% of the value of your injury or other losses.

How much compensation will I receive?

This depends on your injuries. We will tell you at the beginning of your claim how much compensation we think you are entitled to. However, in order to make sure that you receive the highest level of compensation possible, we will instruct a medical expert to meet with you and assess your injuries. The medical expert will help us and the Defendant (the person or company who caused your accident or injury) to understand what injuries you sustained and whether you will have any ongoing symptoms. Once we have this information, we will be able to give you clear advice about the value of your claim.

You are also entitled to recover the cost of any “out of pocket” expenses you have incurred as a result of your injuries. This could include any loss of earnings if you were off work, the cost of prescriptions or equipment or any other specific cost that you have incurred.

Our team have successfully settled cases from low value RTA claims to high value complex cases. We will always strive to get the highest possible amount of compensation for our clients.

How much will it cost me?

Nothing. We take personal injury claims on under a “No Win, No Fee” agreement.

What’s in it for us? If your claim is successful, we recover our costs from your opponent – although our costs are separate from your compensation, so there are no reductions from your money. When you come to see us about a personal injury claim, we will consider whether we think your claim has a good prospect of success. This helps you too, as we will tell you from the outset whether we think you are likely to receive compensation. There are no reductions from your compensation – it’s that straight forward!.

What is a 'no win, no fee' agreement?

A conditional fee agreement, also known as 'no win, no fee', is a simple method of covering the legal costs involved in claiming accident or injury compensation. Under the terms of a 'no win, no fee' agreement, we agree to take no payment until the end of the case. In the event that your case is successful, our fees will be covered by the Defendant; if the case is lost, we takes no fee, and there is no cost to you.

How exactly does a 'no win, no fee' agreement work?

In a 'no win, no fee' case, all the risk is taken by us, the solicitor, as we will not be paid if your claim is unsuccessful. To recompense for the risk, we are entitled to claim what is known as a 'success fee'. The 'success fee' or 'uplift' is paid by the defendant's insurer, not the client, at the end of the case.

The law states that if the case is lost, the losing party pays the legal costs. In order to ensure you are not required to cover any court costs, we take out an 'after the event' (ATE) insurance policy on your behalf. An ATE is only taken out once the legal case has begun, and is specifically designed to protect clients whose claims are potentially unsuccessful.

Do I have to pay for the After the Event (ATE) insurance?

The cost of the ATE insurance policy is, like the legal fees, deferred until the end of the case. If the compensation claim is successful, the Defendant covers the cost. If the case is lost, no payment is required, as the premium is self insuring. If we pay medical fees, court fees and other expenses on your behalf, known as disbursements, the ATE policy will cover the costs of these if the case is lost. If you win these expenses will be paid by the losing party ensuring that the service is completely free to you.

How long will it take?

This depends and it’s impossible to give you a definite answer. Some cases can be settled very quickly if liability is admitted by the other side, and you can recover compensation within a number of weeks. However, if the other side does not admit that

Why use David Gray Solicitors?

Clare Routledge heads the Personal Injury team and is a member of the Association of Personal Injury Lawyers (APIL). APIL is a group of solicitors who are committed to fighting for their clients and ensuring that they receive the maximum amount of compensation. Our team have over thirty years of experience in bringing successful personal injury claims.

We are not a call centre; your case will be handled by a trained and experienced lawyer who specialises in personal injury claims. Our team are based in the centre of Newcastle – our offices are accessible which means you can come and meet us to discuss your case. We offer appointments at a time to suit you – we are open from 9am to 5pm between Monday to Wednesday and Friday and from 9am to 7pm on a Thursday. Your case will be handled by the same person throughout, so you always know who you can call if you have any queries. We’ll also make sure you have our direct contact details, so you can contact your lawyer in the easiest way for you, when you want to.

Criminal Injuries Compensation Claims

The Criminal Injuries Compensation Authority (CICA) is a government organisation which was set up to compensate blameless victims of violent crime. In order to make an application for CICA compensation, you must:

•           Have been injured in an act of violence in England, Scotland or Wales.

•           Have reported the matter to the police. However, an offender does not necessarily have to have been convicted of, or even charged, with that crime.

•           Have required medical treatment as a result of your injury.

•           Have co-operated with the police throughout their investigations.

•           Make an application for CICA compensation within two years of the date of the incident.

The CICA compensate you for any injuries that you have suffered. They can also provide compensation for any loss of earnings or costs you have incurred as a result of the injury if you were unable to work for more than 28 weeks from the date of the accident.

Our team can guide you through the process for applying for CICA compensation, and advise you as to whether any offer made by the CICA is fair. If you qualify for free legal advice (use the eligibility calculator here: Community Legal Advice then it will cost you nothing for our service.