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Anne Studd QC acted as the leading Counsel in the civil claim of the daughter of a soldier killed in the Hyde Park bombing. The daughter claimed damages from John Downey, one of those responsible for the terrorist attack on the Household Cavalry in July 1982.She claimed for personal injury to herself and damages for the loss of dependency caused by the early death of her father. Since filing a Defence, John Downey has declined to participate in the litigation. He was in receipt of an on the run letter which resulted in criminal proceedings against him being stayed in February 2014.
The High Court awarded the Claimant £715,351 by way of loss of dependency, the pain and suffering of her father prior to death and interest. However the High Court concluded that a 4.5 year child waving her father goodbye, hearing the blast and seeing bloodied soldiers return to barracks was not able to appreciate that her father was in peril and therefore could not recover damages for her own psychiatric damage which would have been valued at £75,000 had it been recoverable. The Claimant is appealing this aspect of the judgment and the High Court has given permission. The Court of Appeal will have to consider the rights of a child to recover damages in these circumstances where an adult relative would be entitled to recover in law.
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