In summary, for a civil claim here are the main steps (on the basis the claim is for sexual abuse against an institution or an abuser, and that there has been a conviction) –  

1.     Initial contact – survivor and solicitor.

2.     Request certificate of conviction and indictment from the Crown Court and Crown Prosecution Service.

3.     Request police statement.

4.     Draft Letter before Claim setting out the details of the claim.  Send a draft to the client to approve.

5.     Send Letter before Claim to the defendant (s).  They will have 21 days to confirm they have received this letter and then 3 months to investigate the claim and to provide a liability decision.

6.     Request all educational and medical records.  Also request earnings details from HMRC.

7.     Instruct psychiatrist to examine client and prepare a medical report.

8.     Review medical report and value the claim.  Send a copy of the medical report to the client.

9.     Consider liability decision by defendant(s).  If they admit liability, try to negotiate settlement.  If they deny liability, issue court proceedings.  

Please note that there are a number of case-specific issues that mean there may be different/more steps in the claim but what I have noted above is the basis for a relatively straightforward claim.  It is also important to note that there are time limits to bring these claims but that this advice can only be given on a case-by-case basis.  I have not gone into the detail of court proceedings as that is much further down the line for a claim.  Only about 2% of these cases ever go to trial.

Dino Nocivelli


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