News
Freshfields pro bono team secures substantial criminal injuries compensation for modern slavery survivor
Global law firm Freshfields Bruckhaus Deringer (‘Freshfields’) represented a survivor of modern slavery on a pro bono basis in a successful appeal to the First-tier Tribunal (Social Entitlement Chamber) on a decision by the Criminal Injuries Compensation Authority (CICA), resulting in one of the largest UK criminal injuries compensation awards for a modern slavery survivor.
During a 26-year period of enslavement, the client (Mr A) sustained significant psychological injuries including brain damage and post-traumatic stress disorder (due to persistent mental and emotional abuse), as well as extensive physical injuries.
In 2017, after being reunited with his family, Mr A applied for compensation from the CICA, a public body that compensates victims of violent crimes in Great Britain. As applications to CICA on behalf of trafficking survivors are not within scope for legal aid, Mr A had made his application without the benefit of legal advice and assistance. In 2020 the application was rejected, which is when the charity Anti Trafficking and Labour Exploitation Unit (ATLEU) referred Mr A’s case to Freshfields for pro bono representation. The client instructed Freshfields in a challenge to the CICA’s decision to refuse him compensation.
Freshfields went on to represent Mr A on a pro bono basis, requesting a review of the decision in the first instance. The review resulted in a nominal offer of £2,000 in compensation (reduced to £1,600 due to an unspent criminal conviction).
On Freshfields’ advice, Mr A appealed the CICA’s review decision to the relevant chamber of the First-Tier Tribunal. The team filed a 2,000-page bundle of witness statement evidence, legal submissions, neurologist/care/psychologist expert reports and a schedule of loss.
The Tribunal awarded Mr A over £352,000 (with no reduction in respect of any convictions). The award compensates Mr A for all his injuries and his past and future loss of earnings resulting from that. According to ATLEU, the award also represents one of the highest amounts of compensation to have been awarded to a survivor of modern slavery under the CICA’s Scheme.
The Freshfields team comprised partner Christopher Stothers, associate Liam Symonds, and trainee Wannisa Johnston, as well as legal solutions specialist Adil Khan, former partner Jane Jenkins, former senior associate Vanessa Medina and former paralegal Hannah Vo. The team instructed James Robottom of Matrix Chambers.
Freshfields associate Liam Symonds, who led the case along with former senior associate Vanessa Medina, commented that: “We hope that features of the Tribunal’s decision in this case, although not legally binding on future decisions, will enable other survivors of modern slavery and human trafficking to obtain fairer criminal injuries compensation awards.”
Christopher Stothers, partner, added: “We are very pleased to have been able to play a part in our client’s pursuit for justice following the violent and exploitative treatment that he had suffered over such a long period of time. The team has worked excellently over the last four years to formulate cogent legal analysis in respect of the relevant legal provisions, procure expert medical and care evidence, as well as gathering complex witness and documentary evidence covering a period of over 50 years.”
Jamila Duncan-Bosu, Solicitor at ATLEU, which referred Mr A’s case to Freshfields, said: “For many survivors of trafficking and modern slavery, an application to the Criminal Injuries Compensation Authority for compensation is the only route to obtain compensation. Such compensation can be life-changing for survivors, providing them with the financial ability to help rebuild their lives and reduce their risk of being re-exploited (which can otherwise happen) through greater access to necessary care and support.”
BBC coverage of this case can be found here. Further information for criminal injuries compensation practitioners can be found here.
