A client, let us call her Miss C, moved in to live with her partner, expecting a long and happy life together.

One weekend, Mr F’s family were invited to come over to stay.

On the Saturday morning, Miss C was speaking on the telephone to a girlfriend. With no provocation, Mr F pulled her out of bed onto the floor, straddled her, put his hands around her throat and made as if to strangle her . He then kicked her repeatedly in the back until she passed out. When she came round, Miss C was able to crawl into the bathroom. After a while she managed to make her way downstairs where Mr F’s brother immediately telephoned the police and for an ambulance.

As a result of the attack, Miss C was taken to hospital where she remained for 9 days.

Mr F was found guilty of assault by the Crown Court. Miss C sued him for compensation; for her physical injuries and also for symptoms of post traumatic stress.

Although Mr F admitted the assault, he denied its seriousness and accused Miss C of making up the severity of her injuries.

A helpful witness was Mr F’s brother, who made a statement supporting Miss C’s condition immediately after the assault. However after a few months he moved and left no forwarding address.

Mr F refused to accept he had caused serious injury to Miss C and offered only £18,000 in an attempt to settle the claim. This sum was rejected. Court proceedings were issued and the matter proceeded to a Trial. Miss C had to undergo several medical examinations by experts for both sides. Fortunately Mr F’s brother was traced to France. He was unable to return to England to give evidence at the trial and so arrangements were made for his important evidence to be given by video link.

After listening to both sides, the Judge found in favour of Miss C and accepted she had suffered a nasty assault which had left her with continuing symptoms. He awarded her in excess of £57,000 and legal costs.

Mr F paid the compensation within 28 days.

This case was handled by Jacqueline Lake, a Solicitor and member of the Law Society’s Panel of Personal Injury Solicitors and the Association of Personal Injury Lawyers.