In this guide, we consider what evidence could be used for a claim against Stockport Borough Council. We also look at different types of claims, such as personal injury and data breach claims.
Local authorities have a duty of care to you when you’re in an area they control. If you’re injured because the council breached their duty of care to ensure an area is safe for use, you could claim.
We provide personal information to the council. If a data breach occurs because of a local authority’s wrongful conduct, and you suffer mental harm or financial loss as a result of your personal data being compromised, you could claim.
If you have evidence to support a claim, why not get in touch by:
- Calling us on 0800 408 7827
- Contacting us via our website
- Using the ‘live support’ option to the bottom right of this screen
Select a Section
- Compensation Claims For Personal Injuries Against The Council
- Council Data Breach Claims
- Claiming For Housing Disrepair Against A Council
- Can I Make A No Win No Fee Claim Against Stockport Borough Council?
- What Is The Maximum Timeframe In Which To File A Personal Injury Claim?
- Get Advice On A Potential Claim Against Stockport Borough Council
- More Resources On Making A Claim Against Stockport Borough Council
After an accident in public, you can be left with huge consequences. Impacts on your health and income can create many additional problems as you try to adjust. During this difficult time, the last thing on your mind may be suing the council. However, if your injuries were caused by negligence on their part, you could claim. There are three important points to be clear about before you begin:
- Did the council owe you a duty of care?
- Did they breach that duty of care, causing an incident or accident?
- Were you injured in some way as a result?
In order to prove the above, you’d need evidence. This could include witness statements and CCTV footage. An independent medical assessment can also act as proof.
Under the Occupiers’ Liability Act 1957, those in control of places accessible to the public should ensure they’re safe for visitors. For example, a council-controlled library should have the proper safety assessments in place to prevent accidents. If the council breaches their duty of care and someone is injured as a result, they could claim.
You may suffer physical, emotional or financial damages. Proof of financial losses could include:
- Bank statements
Potential Personal Injury Compensation Payouts
After a medical assessment (which is part of the personal injury claims process), a No Win No Fee lawyer can compare your injuries with those listed in a publication called the Judicial College Guidelines. This is a document that lists injuries alongside potential compensation. Legal professionals use it when valuing claims.
Below is a compensation table listing some figures in the Guidelines.
|Area of injury||Severity||JCG award bracket|
|Head||Moderately Severe Brain Damage||£205,580 to £264,650|
|Neck||(a) severe (i)||In the region of
|Back||(a) severe (iii)||£36,390 to £65,440|
|Elbow||(a) severely disabling||£36,770 to £51,460|
|Wrist||(a) injuries resulting in complete loss of function||£44,690 to £56,180|
|Asthma||(d) asthma (a)||£40,410 to £61,710|
|Psychiatric harm||(c) moderate||£5,500 to £17,900|
|Post-traumatic stress disorder (PTSD)||(b) moderately severe||£21,730 to £56,180|
|Knee||(a) severe (i)||£65,440 to £90,290|
|Ankle||(b) severe||£29,380 to £46,980|
Personal injury claims can only be made once so it’s essential that your solicitor can access medical records and financial documentation to strengthen your claim.
If you have evidence that justifies a potential claim against Stockport Borough Council, why not reach out?
We share our personal information with many sources, including the local council. Personal information/data is any information that can be used to identify you, whether directly or indirectly. For example, your local council may have your address and payment details on file for Council Tax purposes.
Data breach compensation claims can be made against a local authority if you can prove:
- Their wrongful conduct caused a data breach; and
- The breach involved your personal data; and
- You suffered financially and/or psychologically as a result.
What is a data breach?
An independent regulator called the Information Commissioner’s Office (ICO) identifies a data breach as a security breach that causes the loss, destruction, disclosure, alteration of or access to personal data.
Local authorities require our personal information so they can provide services. It could fall into the wrong hands if, for example, cyber defence is weak or staff data protection practice is sloppy.
To safeguard against this as much as possible, the ICO enforce data protection law and try to help companies avoid such issues.
Data breaches can be accidental or deliberate. If deliberate, it might be that a cyberattacker accessed online personal data systems, for example. An accidental data breach could be caused by human error.
Potential data breaches include:
- Your personal data was emailed to the wrong person, who wasn’t authorised to receive it.
- Personal data was posted to the wrong address, to someone who wasn’t authorised to access it.
- A failure to redact personal information before publishing it.
- A failure to use the BCC field (which allows recipient email addresses to be concealed), therefore exposing email addresses to all recipients without a lawful reason.
- Loss or theft of paperwork containing personal data.
GDPR And The Data Protection Act 2018
The first indication you may have of a data breach can be the negative impacts. A sudden increase in spam emails or identity theft can be repercussions of data breaches. As the victim of such an event, you may be left in a state of severe anxiety wondering who has access to your personal details.
Compensation claims against local councils can involve housing disrepair. Under the Defective Premises Act 1972 landlords owe tenants a duty of care. They should take measures to ensure that any damage to property or personal injury is prevented. This duty extends to you and visitors.
If the landlord is obliged to repair or maintain your home, or has the right to carry out repairs or maintenance on the property, they owe you a duty of care.
However, if the landlord didn’t know about the repairs (or didn’t have a reason to know about them), they may not have needed to make the repairs.
Could you claim against Stockport Borough Council?
If a local council has a responsibility to repair or maintain your home and is aware (or ought to be aware) that it needs fixing, they should make arrangements to carry out repairs. If this doesn’t happen, you could suffer an injury as a result. You could suffer:
- Breathing problems caused by mould or fungus
- Depression and stress from sub-standard housing issues
- Actual harm caused by structural faults or disrepairs in your home
If you can prove that third-party negligence caused your injuries, you could claim.
Anyone is free to start a claim for personal injury on their own. Before you decide to do this, it can be worth taking a moment to consider whether a legal professional’s assistance would be helpful. Whether it’s a housing disrepair claim, a data breach compensation claim or a personal injury claim, the demands of the case can be rigorous.
If you’re unsure as to whether you could claim because of potential solicitor fees, you may consider No Win No Fee.
- A solicitor working under a No Win No Fee agreement enters into a contract with you that requires no payment for their work unless the case wins.
- At the end of the case, you have a small percentage to pay them that’s capped by law.
- There is no solicitor’s fee required in cases that are not successful.
The fee due in a successful case is a maximum of 25% of the total settlement amount. Often it is less. This way, the law ensures that the claimant receives the majority of the compensation they need.
Our panel offer their services on a No Win No Fee basis. Why not get in touch to find out more?
The Limitation Act 1980 sets out the time periods allowed for starting claims. You could, generally, have:
- Three years to start a personal injury claim
- Six years to start a data breach claim
- Six years to start a housing disrepair claim
For a personal injury claim, if the claimant is under the age of 18, the three year limitation period starts from their 18th birthday. This means they have until age 21 to launch a claim if nobody’s yet done so on their behalf. Alternatively, a litigation friend can claim on the minor’s behalf before they turn 18.
Again, in a personal injury claim, if the claimant lacks mental capacity, a litigation friend could claim on their behalf.
If you have evidence of a valid claim against Stockport Borough Council, why not reach out today? You can:
- Call our team for free, no-obligation advice now on 0800 408 7827
- Contact us via our website
- Alternatively, use the ‘live support’ option to the bottom right of this screen.
In addition to the areas we have covered in this article, please feel free to peruse these sources:
- How to sue your employer for an accident at work
- Medical negligence claims
- Personal injury claims generally
- How to sue for a criminal injury
- Advice from the housing charity Shelter
- And what the costs of self-funded care can be as you recover from your injuries
Article by WAT
Edited by VIC