Personal Injury Civil counterclaim

[ChChing]

Hi

 

I'm hoping that someone can give me some advice please. Here's goes, a bit long winded!

 

On Friday 21st June 2013, my friend and I attended a concert at a well known stadium. We had an altercation with another member of the public over a seat and this resulted in a lot of shouting and a drink being thrown (by me).

Following the altercation in the stadium, my friend and I were asked to 'come out the back for a quick chat' by two male members of an outsourced security firm. A heated discussion between the 4 of us occurred and one of the security staff went to speak to some members of the public to investigate the incident further. My friend and I were asked to stay where we were whilst this was happening. About 5 minutes later, the investigating member of security staff returned to advise 'we have witnesses, you're in the wrong, you cannot go back to the concert'. I would like to add at this point, no witnesses or third parties were asked to come along to discuss this, we were simply told that we were not to be believed and we could no longer attend the concert.

 

 

A heated argument occured and a female member of the security staff joined us. At this point there were 3 or 4 male members of the security firm and a female member (I am female by the way, this becomes relevant further along....). I then told one of the security staff to call the police and I was told 'don't worry love, they're on their way'. I then advised a male security guard that I was going outside for a cigarette and I attempted to move towards a rear door to go outside and I was violently pulled back and manhandled by 2 or 3 members of the security firm and pinned to the floor. There was an arm around my neck and one around my head. Both of my arms were yanked behind my back and I was in so much pain, I thought that they had broken my arm.

 

 

I was understandably distressed and extremely upset, the pain in my arms was excrutiating and I could not breathe due to the hands and arms also around my face and neck. My skirt had also risen up and my underwear was on show. At this point, a male member of the security firm was shouting ' there's no need for this, you're hurting her, let her go'. My friend who was with me at the time was also shouting to let go and was told by the security staff to be quiet and sit on a chair, which she did. At this point, due to the amount of pain I was in and the fact that my breathing was restricted, I temporarily blacked out for a very short period of time. I came to and my left arm was still yanked behind my back by one or two members of the security firm, there was also a hand near my face and neck and I was shouting that I could not breathe and I attempted to bite the hand in front of my face. May I add at this time, that although I attempted to do this, I was unsuccessful due to the amount of pain I was in.

 

 

The security staff, eventually pulled down my skirt (I'm presuming to preseve my dignity, however at this point it was too little, too late) and I was manhandled off the floor and made to sit on a chair. I am sure you can imagine how understandably distressed I was at this point. A black male member of the security firm, whom I do not wish to implicate came over to me, knelt down and took my hands in his and gave me a tissue and a cup of water. He apologised for the way his colleagues had treated me and told me that 'this should never have happened and I am so sorry it has'. As far as I am aware, this black male member of the security firm had abolutely nothing to do with the way I was treated and he apologised profusely many times, he had nothing to do with the way I was treated. I was then taken away with the police.

The police issued me with a fixed penalty notice (section 5) which I paid the very next day. I was also in so much pain the next day, I went to my local A&E who gave me painkillers and xrayed my elbow and left arm and I was advised that I had extensive muscle damage. Anyway.... I then decided to go back to the police to press charges against the security firm for the shocking and brutal was I was treated. The police have done their investigations and unfortunately, there is no CCTV available for them to view as all of this happened in a 'staff area'. The police advised that the CPS may not take on the case due to the lack of CCTV. I've therefore decided to continue with a civil claim for personal injury.

However, after making an official complaint via email to the security firm, I received an email today stating that they acted correctly and their 'contractors' were also going to take civil action against me!

I've spoken to my solicitor and she thinks that they are scare mongering, however I am concerned even though i haven't done anything wrong! Will the fact that I have a fixed penalty notice go against me, can the police give out my personal information (they don't have it at the moment, other than my name).

Hopefully someone can give me advice please.

[steampowered]

I can't see why the contractor would bring a civil claim against you. In a civil claim the Claimant only gets compensated for the loss it has suffered. Unless you injured a staff member or caused damage to property then it is difficult to see how they have suffered any loss.

 

It sounds like a bluff designed to discourage you from bringing a claim. If you bring a claim that might nudge them into making a counterclaim ... but difficult to see what that counterclaim might be if they have not suffered any loss.

[ChChing]

Thank you for that. Other than my name and email address, they do not have any of my personal details like my home address etc. My solicitor has advised me that this information will only be given when the claim is passed to their insurers. Can they request this information from the police and if so, will the police give that information out or does DPA apply?

[assisted blonde]

I would ignore the for now, but I do think you were in the wrong aswell I would just leave it, the security staff were perhaps over zealous but there is no point in them being pussycats. To be fair you have said things got heated and it got a bit out of hand, its not an easy job and I assume you are ok now.

[Ganymede]

Thank you for that. Other than my name and email address, they do not have any of my personal details like my home address etc. My solicitor has advised me that this information will only be given when the claim is passed to their insurers. Can they request this information from the police and if so, will the police give that information out or does DPA apply?

 

 

 

Once your claim gets passed to their insurer your solicitor will have to give the insurer your full name, address, date of birth and national insurance number.

[ChChing]

Well I still have this claim ongoing through a solicitor. I've had 10 sessions of physiotheraphy and it's still ongoing and have now developed further complications to my arm and elbow as a result of this. My solicitors has advised me that they have until 24th October to issue a response, they've acknowledged the claim.

 

I've not received a counterclaim or anything like that. If the security firm (one of the largest in the UK apparently) do issue a counter claim, what point in the proceedings does it happen? Also, there's now a possibility that the security staff I was manhandled by were not properly trained and did not have the relevant security certificates (SCI, I think it is) at the time of the incident. Also, the staff may have been 'seasonal staff', again does this have any relevance at all?

 

Any help would be much appreciated.

[steampowered]

Counterclaim would normally be issued at the same time as their Defence.

 

If the staff weren't properly trained and do not hold the relevant certificates that might assist, though not enough by itself to win the claim. I imagine your solicitor will advise you on this when you reach the disclosure stage.

[ChChing]

Hi, just an update and another query.

 

I've just heard from my solicitor and the 'protocol period' expires tomorrow. My solictor has advised that she will issue a 'procedural application to the courts' if she does not hear anything from the security firm.

 

Whsat does this actually mean?

 

Thanks

[steampowered]

No special meaning ChChing. Possibly an action for pre-action disclosure of documents?

[ChChing]

If it does go to court, will the fact that they've not responded within the protocol period go in my favour?

 

I'm 'fighting' a very large well known company here and have a fear that they can do as they please because they are so well known.

 

Thanks for your help

[steampowered]

The fact they didn't respond within the Protocol period shouldn't matter as to the issues in the main case. It might matter to the extent that they may be ordered to pay your solicitor's legal costs incurred as a result of having to make what should have been an unnecessary application for pre-action disclosure.

 

The fact that the company is well known has nothing to do with it. In fact it makes them a juicy target for litigation since they have deep pockets. Most large corporates (especially banks and energy companies) employ dedicated litigation teams and have a large number of cases on at any one time.

[SuperVillain]

Well they had until yesterday to reply...

 

3.10

If the defendant denies liability, he should enclose with the letter of reply, documents in his possession which are material to the issues between the parties, and which would be likely to be ordered to be disclosed by the court, either on an application for pre-action disclosure, or on disclosure during proceedings.

 

3.12

Where the defendant admits primary liability, but alleges contributory negligence by the claimant, the defendant should give reasons supporting those allegations and disclose those documents from Annex B which are relevant to the issues in dispute. The claimant should respond to the allegations of contributory negligence before proceedings are issued.

 

Will be interesting to see whether their response (if received) complied with the protocol...