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Legal Implications of the August Riots - Update

Date: 16/08/2011

The Home Secretary has now passed the Riot Damages (Amendment) Regulations (2011 No. 2009) to amend the 1921 Regulations so as to require all claims to be delivered within forty-two clear days after the day when the “injury, stealing or destruction” took place.

The Home Secretary has also passed the Riot Damages (Amendment No. 2) Regulations (2011 No. 2011), which revoke the following elements of the 1921 Regulations:

•    Regulations 3 to 8;
•    the mandated Form of Claim
•    Schedules A to D.

The effect of these revocations is to remove the requirements for particular specified information to be included in a claim or for a claim to be made in a specified form.

Both sets of Regulations came into force on 12 August 2011, but have effect in relation to any claim which could be made at or after the time when the Regulations come into force.

Given the focus now being placed on the Riot (Damages) Act 1886, further changes may yet follow.

Potential claimants should note that the www.directgov.co.uk website now contains a “Riot damage compensation claim form”. Given the terms of the Riot Damages (Amendment No. 2) Regulations (2011 No. 2011), there does not appear to be any mandatory requirement to use this claim form, which appears to have been cobbled together – in some haste – from a proforma insurance claim form (the proforma claim form even asserts that “all benefit under this policy may be forfeited” in the event of a fraudulent or exaggerated claim!).

Important: This is a briefing note only. Nothing within this note amounts to or is to be relied upon as advice in any particular case. While the note is believed to be correct and is provided in good faith, no responsibility is assumed for its contents.

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