Man found guilty of murdering child

The BBC reports that a 51-year-old man found guilty of smothering his six-week-old baby to death 25 years ago has been sentenced to 14 years in prison.  He was also found guilty of assaults on women and children. The death of the child came to light in 2007 after the man confessed to the murder.

Would this man’s victims have a compensation claim? Very possibly although there might be limitation problems in pursuing a claim. The case of A v Hoare 2008 provides an example of how this limitation period was overcome, in a case brought many years after the “cause of action” i.e. the original assault. There might also be a claim to the Criminal Injuries Compensation Authority.

Would this man be worth pursuing in a civil court for damages? Very possibly if he had assets such as a property. Another possible angle is a claim on the man’s household insurance policy. The writer is aware of a number of cases where the claim has been brought against a householder, who has an insurance policy providing for indemnity for “accidents” or “personal injury” occurring within their home. So by way of example an abuser who assaults children in his own home, might be “covered” by his own insurance policy. Under the Third Parties (Rights against Insurers) Act 1930 it is perfectly possible to make the Defendant bankrupt and then step into his shoes to claim on his insurance. However such claims are bound to run into difficulties. See the case of KR and Others v Royal and Sun Alliance plc 2006