Published: November 23rd 2009 - at 12:59 pm

Jean Charles de Menezes: price of a life


by Dave Osler    

One three year old boy strikes another 11 times with a metal bar, leaving the victim toddler covered in blood and in need of stitches. Should the Criminal Injuries Compensation Authority pay out?

Yes, the Tribunals Service ruled earlier this month, and probably rightly, too. Perhaps I should reconsider the forgiveness I have since freely extended to my younger brother for that nasty incident, circa 1969, which saw him bounce a half-brick off my bonce, resulting in a wound that also had to be sewn up.

On the other hand, it was just a little bit cheeky for Sajad Suleman to sue MI5 for £365,000, after the Funny People turned him down for a vacancy as a mobile surveillance officer.

The partially-paralysed British-Asian former bus driver’s case was thrown out after he admitted applying for a post that obviously required full mobility, at a time when he could not move his hands, fingers, arms, elbows, shoulders, hips, knees, feet or toes.

However, the spooks did say that they encouraged applications from ethnic minority and disabled candidates. And getting rejected knocked the poor bloke’s confidence so badly that he was unable to apply for other jobs.

In principle, the idea that compensation should be available for those subjected to negligence, criminality or discrimination seems equitable enough. If nothing else, it is a useful means of ensuring that employers stick to the health and safety rulebook, even where it costs them money to do so.

Sure, there will inevitably be plenty of chancers out there, and a whole new industrial sub-sector of ambulance-chasing ‘where there’s blame there’s a claim’ lawyers ready to egg them on. But periodic insistence in the tabloid press that Britain is in the grip of something called ‘compensation culture’ have yet to be substantiated.

The problem comes when you try to make a compensation system work in practice. How does injury to feelings compare to a broken leg? How many wrongful arrests equals one unlawful killing? Unless such a yardstick can be developed, doesn’t the whole thing degenerate into a farcial lottery?

Thus there was widespread moral outrage when Colin Stagg – the man fitted up by the cops for the murder of Rachel Nickell – was awarded £706,000 for the 13 months he spent in custody and the years of subsequent speculation that he was not entirely innocent. The sum was unfavourably contrasted to the £90,000 Ms Nickell’s son got for the trauma of witnessing the killing of his mother.

But a pay-out of £4.3m for Ben Collett, a Manchester United hopeful felled by a high tackle in his first game for the reserves, was generally regarded as equitable, in view of the loss of a potentially promising career.  Everything depends on how you do the maths, and soccer stars earn more than council flat losers.

That brings me to the news that the family of Jean Charles de Menezes has reached an out of court settlement with Scotland Yard. The Brazilian electrician, readers will certainly recall, was shot dead by the Metropolitan Police at Stockwell tube station in 2005, after being mistaken for a terrorist.

It seems that the compensation in this case was £100,000 or so. That’s just a quarter of the £400,000 that Sir Ian Blair – boss of the Met at the time of the execution – picked up last year after resigning from the job after falling out with Boris Johnson.

The reason for the stinginess? The de Menezes family are just poverty-stricken favela dwellers who can probably live the life of Riley indefinitely on the back of one hundred thousands of our British pounds.

If Britain really has become a compensation culture, someone obviously forgot to tell the de Menezes’ lawyers.


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About the author
Dave Osler is a regular contributor. He is a British journalist and author, ex-punk and ex-Trot. Also at: Dave's Part
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Reader comments


Bear in mind Ben Collett wasn’t paid out of the public purse.

The problem comes when you try to make a compensation system work in practice. How does injury to feelings compare to a broken leg? How many wrongful arrests equals one unlawful killing? Unless such a yardstick can be developed, doesn’t the whole thing degenerate into a farcial lottery?

One could say the same about sentencing…

Er, reasonably important point seems to be being overlooked here.

Compensation consists in law of putting people back into the position they would have been if the thing (whatever it was) had not been done. Of course, no one can make him get up and walk home again. But what compensation there is will indeed depend heavily on what his parents and family might have expected to get from him in income over the years.

In fact, it’s not so much “compensation” as making up “lost earnings”.

You might not like this, but that is the way it is all worked out. And it’s consistent right across the law. If a car hits someone, incapacitating or killing them, the insurance company forks out a lot more in lost earnings for a premiership footballer or investment banker than it does for a jobbing electrician. Those unjustly jailed get varying levels of compensation for lost earnings depending upon what they were earning before they were jugged.

It’s the whole basis for compensation for torts. To, as best it can be done, make the situation whole again. And yes this does mean, inevitably, that the poor get less compensation (ie, less “lost earnings”) than the rich.

Also, in the case of death CICA payouts are restricted to immediate expenses (funeral, repatriation etc) and then a payout to ‘dependents’. This is normally restricted to widows and children, although dependent parents may also be included. This is limited to a maximum of £500,000. Given that de Menezes had no wife or children, a payment of £100,000 does not seem unreasonable.

Comparisons with payments made by entirely distinct bodies are irrelevant. Colin Stagg was not paid under CICA, but under a discretionary compensation scheme under Home Office rules. Ben Collet was not awarded compensation at all, but damages after a civil negligence case.

Include me among those *not* morally outraged by the amount of money paid to Colin Stagg. He should have got more.

There were two main problem with the aftermath of his case. The dumb police officers who tried to railroad him to a conviction (and left the real killer at large) weren’t immediately removed from the force for incompetence. And the ridiculous pseudo-scientist Dr Paul Britton, who was a key part of the ‘get Stagg’ effort, was allowed to go on peddling his ‘real-life Cracker’ nonsense and even participate in other investigations. The widower of Rachel Nickell behaved amazingly well when he wrote to Stagg to apologise for having thought him guilty- but as Stagg noted, the only reason he’d thought that was that certain police officers had told him so, and those buggers have never apologised.

I pretty much agree with Dan Hardie about Stagg.

Colin Stagg should have got more. The de Menezes family should have got a lot more. Tim Worstall is wrong. Compensation has in it an element of punishment for those who committed the wrong. The thing I’m really angry about with the Stagg and de Menezes cases is that the people who were to blame have not had so much as a slapped wrist. Every police officer involved should be in prison. For a long time.

Compensation has in it an element of punishment for those who committed the wrong.

No it doesn’t – that would be “exemplary damages”, which has virtually died as a legal concept over here.

“The reason for the stinginess? The de Menezes family are just poverty-stricken favela dwellers who can probably live the life of Riley indefinitely on the back of one hundred thousands of our British pounds.”

Well, no. I’m afraid the Daily Mail story is tosh (see my comment at http://bit.ly/7Wdm9F)


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