BL Claims wins legal landmark ruling for people living with genetic disorders
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A severely disabled man who was born as the result of abuse by a father against his daughter has won the right to claim compensation in a landmark legal ruling.
The ruling effectively opens the door for people who have genetic disorders because they were born of abusive incestuous relationships to make claims to the Criminal Injuries Compensation Authority (CICA) – an option that was previously denied.
The ruling centres around the case of a man, now in his late twenties, who was born with numerous health problems including epilepsy, severe learning and developmental difficulties and hearing and sight problems.
The conditions were the result of a genetic disorder caused by him receiving a "double dose" of a defective gene due to the abusive incestuous relationship of his parents.
Judge Levenson of the Upper Tribunal has now ruled that the man is entitled to make a claim for compensation because he was "a victim of a crime of violence".
The judgment comes after a long legal battle during which the man was represented by BL Claims Solicitors.
The firm submitted an application on his behalf to the Criminal Injuries Compensation Authority (CICA) five years ago. This application was rejected by CICA, and an appeal against that decision was rejected by the First Tier Tribunal.
BL Claims is pleased to have achieved this result for our client, which effectively opens the door for people who have suffered genetic health problems as the result of a criminal act to seek compensation.
Many people living with genetic disorders may need specialist health or social care to help them independently and improve their quality of life. At BL Claims we have a team of highly trained solicitors dedicated to helping those who suffer health problems or live with a disability as a result of criminal activity, to seek the compensation they deserve, so that they can access the support that they need.
If you are affected by a genetic disorder as a result of criminal activity and would like advice on your case please call our team, all information will be treated with the strictest of confidence.
The full judgment of the Upper Tier Tribunal can be found on the website of the British and Irish Legal Institute at http://www.bailii.org/uk/cases/UKUT/AAC/2016/202.html
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