Subject:
"Civil action againat author of report re disability"
First topic | Last topic
Toby_L
Derby Advice, Derby City Council Member since 21st Jul 2004
Civil action againat author of report re disability Mon 25-Jun-07 09:14 AM
What procedure would a client need to take if they wished to pursue a civil action ( for loss of income ) against an author of a report which lead to the reduction in her disability benefit income?
In brief at a DAT the tribunal preferred the evidence of a professional as to her ability to execute relevant self care tasks?
Welfare Rights Adviser/Trainee Solicitor, Thorpes Solicitors, Hereford Member since 03rd Feb 2005
RE: Civil action againat author of report re disability Mon 25-Jun-07 11:24 AM
You need evidence that the expert was negligent. That client did not agree with the findings is not enough.
What was the experts field and in what context was the evidence produced? What negligence do you allege? How did this affect the benefit decision? Was the expert paid for his/her services? Was he/sting factual findings or opinion?
You also need to be able to prove that there the loss in income was a reasonably foreseeable conseuqnce of the negligent act. Tribunal has a duty to consider all the evidence and make a decision on the balance of probabilities...you'll be on an uphill struggle~! We need to know a lot more though.
welfare rights officer, c.a.b. n.wiltshire Member since 26th Jan 2004
RE: Civil action againat author of report re disability Mon 25-Jun-07 12:31 PM
If you can prove negligence you could also consider an internal complaint, or even a complaint to the (GMC)General Medical Council. But I suspect yourmain problem is why you waited until now.