Jimmy Savile's Estate Frozen

[Graham-W]

http://www.guardian.c...e-frozen-sexual-abuse

Can the alleged abused really make a claim against alleged abuser, Jimmy Savile's estate, now that he is dead and not able to defend himself?
If so, cynical me can see the number of claimants increasing dramatically from the current 300.

[LazyGun]

@Graham. I think JtH has given you a definitive answer - these will likely be civil court cases, that have a lower burden of proof.

I am unsure why there are people who feel the victims should give any award to charity. Some might, others might not. What is indisputable is that for genuine victims the money will mean little - but if they are awarded some financial compensation and gain some closure from it, thats all to the good, surely?

[Barmaid]

Firstly I am still at a loss how anyone can make a claim because they will have massive limitation issues to face. Nonetheless, I am sure there must be some arguments.

Secondly, unless a claim has been formally intimated there is no reason to "freeze" the estate. I wonder if more than likely most of it has been liquidated and the executors are either waiting for the 6 months after the Grant to expire or the 3 months after the Trustee Act ads.

Thirdly, there are a particular breed of executors who without rhyme nor reason, drop stuff like a hot potato at the slightest whiff of anything a bit aromatic.

[Graham-W]

Thanks, Barmaid. I'm glad you came along.
So, to paraphrase, claims against his estate are unlikely, but not impossible.
Does the fact he is dead and unable to defend himself have no bearing on the issue?

[Barmaid]

No the fact that he is dead has no bearing (eg, if I was involved in a car accident which was the fault of a negligent non-insured driver who died in the accident, I could still sue his estate for personal injury). The problem I foresee is the length of time since the alleged assaults. The "normal" limitation period for personal injury is 3 years from the damage or 3 years from knowledge of the damage. The Court does have a discretion to disallow this period though.

[Graham-W]

Thanks. That does clarify things a bit.

[EDDIE51]

If there are claims they will be under civil law not criminal law.
The standard of proof required is lower for a civil case than for a criminal case. It just needs to be established that ' on the balance of probability' the events took place. I does not need to be 'proved beyond dought' as in a criminal case.
Barmaid will be better placed than me to quote us the exact situation.

[Hopkirk]

We will all be getting texts soon saying we were abused by Mr Savile, and offering to help us make the claim.

[tonywiltshire]

I must agree with Barmaid and others that there will be limitation issues to be resolved in any claim for damages. But do remember Section 33 of the limitations act 1980 may allow claims to proceed.