Reading the Riot Act
In light of the recent spate of riots that have swept across London and other major cities, many home and business owners will be looking to be compensated for the damage that has been caused to their properties and businesses.
Whilst many will expect their insurance to cover the cost of repairing the damage, most people will be unaware of the provisions of the Riot (Damages) Act 1886 which provides that where a house, shop or building has been destroyed as a result of a riot, compensation can be claimed from the Police Fund of that area, provided that the individual making the claim did not take part in the riot and took suitable precautions to guard against damage.
However, this is not as straightforward as it may seem. Before any claim can be made you first need to prove that a riot actually took place. Section 1 of the Public Order Act 1986 defines a riot as being “where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for a common purpose is guilty of riot”.
Provided the above test can be satisfied, people who have suffered loss as a result of the riots should be eligible to make a claim for compensation from the Police Fund.
However, people who seek to claim compensation need to be aware of the strict time limit imposed by Regulations published in 1921, which state that applications for compensation must be made in writing and delivered within 14 clear days after the day the damage occurred. The form can be found attached to the 1921 Regulation and must be delivered to the specified person within the 14 day time limit.
If you are seeking compensation from the Police as a result of damage suffered by riot, you need to act quickly to ensure that your claim is lodged within the specified time limit. Given that insurance companies can also make a claim from the Police Fund on your behalf to recover insurance monies paid out, it is advisable to notify your insurance company as soon as possible so that necessary steps can be taken to ensure that claims are submitted in good time.
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