We have recently secured a settlement for our client SZ, who was a victim of a stabbing at Swaleside prison on 5 July 2019. The incident was a prisoner on prisoner assault, and our client was slashed in the face causing him temporary facial disfigurement which has now resolved. There was some risk as it is trite law that prisons are ordinarily not liable for prisoner on prisoner assaults unless there was a known threat from the assailant or known animosity between the parties. SZ did have non associations because of gangs but in this case a non-affiliated outsider carried out the attack and it is agreed between the parties that our client had no previous incidents with this person and the attacker was not connected to the gangs with whom he had non associations. We pushed ahead solely because of his general risk due to the profile of the victim of the crime for which he was imprisoned – the killing of a notorious mob boss whose death sparked a gang war back in 2013. There were also issues of contributory negligence in that SZ had been told not to leave his wing due to risk from gangs in other wings, and was stabbed outside his wing. The matter settled for £ 18000 on a 50/50 split liability basis, so the client was awarded £9000 in damages. The solicitor in the case was Bhaskar Banerjee, assisted by Farheen Ahmed. Counsel was Fatima Jichi of Garden Court Chambers.
