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Ex-gratia payment

Ex-gratia payment

Postby south1 » Tue Mar 14, 2017 4:56 pm

I have found the following document about ex-gratia payment made by the court to the users of the court who made complaints

https://www.whatdotheyknow.com/request/ ... ex%20A.pdf

I would like to know if you can provide me some information of how to make an efficient request for an ex-gratia payment. For example I would like to know if I have to request a specific amount of money or I let the court to decide which amount of money to pay me? I would like to know also if it is possible to negotiate the amount of money with the court?
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Re: Ex-gratia payment

Postby atticus » Tue Mar 14, 2017 5:18 pm

A good start would be to have valid grounds of complaint.
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Re: Ex-gratia payment

Postby dls » Tue Mar 14, 2017 8:43 pm

Atti is right. You need to identify a clear failing or error, and losses flowing from it.

The essence of an ex gratia payment is that nothing is due, and if anything is paid, the amount is at the discretion of the officer. Options for negotiation are limited, but there is no harm trying.
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Re: Ex-gratia payment

Postby south1 » Tue Mar 14, 2017 10:12 pm

My complaint was partially upheld so if we suppose that I have good grounds for complaint I would like to know if it is better that I request a specific amount or I let the court to decide the amount of the ex-gratia payment?

I would like to know how can I calculate the amount of the ex-gratia payment requested if the damage sustained is an extended period of harassment?

Nothing is due or rather nothing is yet due because there is not yet a decision of a court to force to pay anything and in this case can an ex-gratia payment be equivalent somehow to an unofficial out of court settlement?

Anyway if the court agrees to make an ex-gratia payment which could be as indicated in the website to which I make reference an important amount is it not because something of abnormal has happened otherwise the court would not make this ex-gratia payment?
Is it not a request for an ex-gratia payment a more diplomatic and nicer way to ask for compensation than to make a request for an out-court settlement but it is in fact nearly the same thing?
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Re: Ex-gratia payment

Postby atticus » Tue Mar 14, 2017 10:21 pm

Not that again. You are bringing claims against all and sundry for this alleged harassment.
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Re: Ex-gratia payment

Postby south1 » Thu Mar 16, 2017 2:23 am

It is harassment which has been proven because my complaint to the court was partially upheld and I have also injunctions in my favour

I would like to know if it is better I made a request for an ex-gratia compensation or I simply ask for a compensation and I let the court to decide which kind of compensation to make to me?
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Re: Ex-gratia payment

Postby Smouldering Stoat » Thu Mar 16, 2017 6:16 am

Why do you say the Court should compensate you for the harassment?
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Re: Ex-gratia payment

Postby atticus » Thu Mar 16, 2017 7:07 am

Did southy complain to the court about the court? Or about the conduct of others who he said were harassing him?
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Re: Ex-gratia payment

Postby south1 » Thu Mar 16, 2017 10:41 am

I made a complaint against the court because it did not properly process my claim for harassment and as a consequence my period of harassment was significantly increased. This complaint was partially upheld in the same way as my complaint against the police which was also partially upheld. I made a request for compensation to the Police which did not reply to me and I was forced to issue legal proceedings. Maybe the police did not reply to me because I did not do properly my request for compensation for example I did not ask for an ex-gratia compensation because I was not aware that ex-gratia compensations existed. I did not want to do the same mistake concerning my request for compensation against the court. I want to avoid to have to issue legal proceedings also again the court.

My complaint against the police and the court were both upheld. we all know that litigants in person have to fend for themselves and are badly treated by the system.
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Re: Ex-gratia payment

Postby atticus » Thu Mar 16, 2017 11:29 am

Have you been compensated by an award of damages covering the full period of harassment?
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