The Riot (Damages) Act 1886 PM says all victims have 42 Days to apply

London Bus 'torched'.... The Riot (Damages) Act 1886
PM says all victims have 42 Days to apply..

LATEST:  The Prime Minister David Cameron MP has today (11 August 2011) announced to a specially recalled Parliament that householders and businesses, insured OR NOT, now have an extended 42 days to apply for compensation (see Act below), the current limit of 14 days as Julian Bray discussed on BBC Cambridgeshire this morning has been set aside.

The damage caused by the events in London and elsewhere is extensive and the costs involved will be massive. Who pays? There is the Riot (Damages) Act 1886. Section 2 of the Act states:

"(1) Where a house, shop, or building in a police area has been injured or destroyed, or the property therein has been injured, stolen, or destroyed, by any persons riotously and tumultuously assembled together, such compensation as hereinafter mentioned shall be paid out of the police fund of the area to any person who has sustained loss by such injury, stealing, or destruction; but in fixing the amount of such compensation regard shall be had to the conduct of the said person, whether as respects the precautions taken by him or as respects his being a party or accessory to such riotous or tumultuous assembly, or as regards any provocation offered to the persons assembled or otherwise.

"(2) Where any person having sustained such loss as aforesaid has received, by way of insurance or otherwise, any sum to recoup him, in whole or in part, for such loss, the compensation otherwise payable to him under this Act shall, if exceeding such sum, be reduced by the amount thereof, and in any other case shall not be paid to him, and the payer of such sum shall be entitled to compensation under this Act in respect of the sum so paid in like manner as if he had sustained the said loss, and any policy of insurance given by such payer shall continue in force as if he had made no such payment, and where such person was recouped as aforesaid otherwise than by payment of a sum, this enactment shall apply as if the value of such recoupment were a sum paid."

An interesting recent case concerning the Act is Yarl's Wood Immigration Ltd v Bedfordshire Police Authority [2008] EWHC 2207 (Comm) Beatson J. This decision was reversed by the Court of Appeal (Rix, Wall and Aiken LJJ).

In April 2002, the House of Commons Home Affairs Committee report on the Police Reform Bill said:

"The Association of Police Authorities wrote to the Home Office five months ago prior to the fire at Yarl's Wood detention centre - asking for repeal of the Riot (Damages) Act 1886. The Act makes police authorities liable for damages to buildings and their contents if a riot occurs under the Public Order Act - even if there has been no negligence of default by the police. The Government has said that this being reviewed, following riots in Bradford, Oldham and Burnley in 2001. The Minister told us: 'The broad issue of whether an Act which is well over 100 years old is still appropriate has been raised. I honestly cannot say to you whether any conclusions will be reached about that in the timetable of the Bill and the issues are quite complex.' The Riot Damages Act 1886 seems arcane and a good case has been made for repealing it. Without prejudice to any existing cases, the Government should seek to repeal the Riot Damages Act 1886."

The Act remains in place. It is obvious that any damages paid out under the Act will ultimately be passed on to council taxpayers. The costs of insurance will rise. It seems to me to be likely that, in the aftermath of these events, the coalition Government will act fairly quickly to replace the Act using the economic climate as a reason.
Civil Contingencies Act 2004? The powers in the Act could be used. However, this seems to be ruled out at the moment.

Courtesy: ObiterJ is the author of the Law and Lawyers blog.  Follow ObiterJ on Twitter.



.. (C) Stanground & Park Farm News 2011 (C)Park Farm Neighbourhood Watch 2011, Peterborough,UK E&OE Tel: 01733 345581 ALL ENQUIRIES LOCAL NEIGHBOURHOOD POLICE: 0345 4564564 OR Dial 999alternatively CRIMESTOPPERS on FREEPHONE 0800 555 111 **** Crimestoppers on 0800 555 111, an independent of police charity, will anonymously take and pass on confidential information on crime, knife crime and domestic violence. **** >> Broadcast Quality ISDN 01733 555319 ISDN Codecs G722&ATX >> Media Enquiries: JULIAN BRAY 01733 345581 http://tinyurl.com/STANGROUNDPFNW