David Pearson of Broudie Jackson Canter has successfully secured compensation for a victim of a violent attack in his claim against the Ministry of Justice.

The victim was a prisoner in a Category B prison, and was attacked by another prisoner, ‘Prisoner X’, when visiting the medications hatch. His throat was cut, and he was attended to by paramedics and prison staff before being transported to hospital for surgery. He suffered extensive blood loss, and the aftermath of the attack has left him with substantial physical and psychiatric injuries.

‘Prisoner X’ had been released from the segregation unit just two days before, and CCTV showed him pacing the corridor for eight minutes prior to the attack. No prison officers were stationed at the medications hatch at the time.

Prison records showed that ‘Prisoner X’ had been getting increasingly violent and threatening in the months leading up to the attack. There were recorded incidents of him attacking and threatening other prisoners and prison officers, and telling prison staff he was thinking about killing someone.

Despite his increasingly aggressive behaviour, there was no risk assessment carried out or safeguards put in place to tackle these incidents. Instead ‘Prisoner X’ was released from the segregation unit, where he was isolated from the rest of the prison population and placed back into the main prison.

The Ministry of Justice made an application to amend their Defence just weeks before the trial. They sought to raise several new legal defences, including Ex Turpi Causa,  Volenti non fit Injuria, Contributory Negligence, and Fundamental Dishonesty. However, it was successfully argued in the pre-trial review, that these defences had been raised too late in the day, they would prejudice the Claimant and cause the trial to be vacated. The judge subsequently refused permission for the Defendant to rely on these defences. 

The Ministry of Justice made a last-minute offer on the eve of the trial and the claim settled.

Speaking of the result, David Pearson of Broudie Jackson Canter who was representing the victim said:

Our client was a victim in this violent and unprovoked assault, which very nearly resulted in him losing his life. He is relieved that, albeit at the last minute, the Ministry of Justice conceded and agreed to settle his claim, paying him substantial damages. Their suggestion that he was in some way responsible for the assault upon him was appalling. Our client can take the settlement as vindication and can now move on with his life after what has clearly been a very traumatic episode for him.

David was supported by Phoebe Pratt of Broudie Jackson Canter and represented by Matthew Turner of Doughty Street Chambers.