Monday, 5 August 2024

A note on compensation for riot damage ~ the Riot Compensation Act 2016

One of the consequences of the disorder experienced over recent days will be claims for compensation but what can be claimed?

Compensation used to be governed by the Riot (Damages) Act 1866 (now repealed). The 1866 Act was tested after the 2011 riots but, in Mayor's Office for Policing and Crime v Mitsui Sumitomo Insurance Co [2016] UKSC 18, the Supreme Court held that the Act did NOT cover consequential losses. For example, a claim under the Act was possible if (say) business premises were directly damaged but loss of profits could not be claimed.

Following the 2011 disorder, the Home Secretary - (then Theresa May) - commissioned a review of the 1866 Act and this reported in November 2013.    On 8th November 2013, the Home Office published -  New proposals to reform Riot Damages Act.

The outcome was

that the 1866 Act was repealed and replaced by the Riot Compensation Act 2016 which came into force on 6 April 2017. Explanatory Notes are available.

Present-day

See Government guidance for Compensation claims (25 March 2019) and Riot Compensation Guidance Leaflet.

The Riot Compensation Regulations 2017 (legislation.gov.uk) and Explanatory Memorandum

The Riot Compensation (Amendment) Regulations 2018 (legislation.gov.uk)

The damage for which claims are permissible is set out in section 2 of the 2016 Act

Where there is insurance cover, a claim has to be lodged with the insurer. If the insurer rejects a claim then there may be a claim under the 2016 Act. Where there is no insurance cover, a claim for damage is still possible. 

It is essential that claims under the 2016 Act are made promptly because the Regulations impose time-limits - see The Riot Compensation Regulations 2017 Regulation 6

Older post 

20 May 2014 - 2011 Disorder - payment for damage

Impact of riots will be felt for years, justice secretary warns - BBC News

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