Can I Sue Someone for Assault? UK Civil Claims Guide

Quick answer

Yes. You can bring a civil claim for damages against the person who attacked you, even if they were never convicted: a civil court decides the facts on the balance of probabilities, and a conviction, if there is one, can be used as evidence. You may also have a claim against someone else, such as the attacker's employer, and you can apply to the Criminal Injuries Compensation Authority (CICA) if you were hurt by a violent crime. A court claim for an injury usually has to start within three years, but a CICA application should be made within two years of the assault.

If you are in danger now, call 999; to report a crime that is not an emergency, call 101. Victim Support's free and confidential Supportline is open 24/7 on 0808 16 89 111 (England and Wales), and Victim Support Scotland is on 0800 160 1985.

This guide explains how a civil claim for assault works across the UK, who else may be responsible, how it fits with criminal injuries compensation and compensation orders, and the time limits. It is general information, not legal advice. We are an independent information service, not a law firm.

What a civil assault claim covers

In England and Wales the Crown Prosecution Service describes common assault as an act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence, and battery as the intentional or reckless application of unlawful force to another person. A civil claim for a deliberate attack is a claim for trespass to the person, the term the House of Lords used in A v Hoare [2008] UKHL 6. The Victims' Code for England and Wales says it may be possible to seek compensation from the suspect or offender outside of the criminal justice process.

A claim can cover mental as well as physical harm: for limitation purposes, personal injuries include any impairment of a person's physical or mental condition (section 38 of the Limitation Act 1980). See our guide to PTSD and trauma claims.

Do you need a conviction to sue?

No. In Re B (Children) [2008] UKHL 35 the House of Lords said there is only one civil standard of proof: proof that the fact in issue more probably occurred than not. A claim may therefore still be possible where the police took no further action or a prosecution did not lead to a conviction.

If the attacker was convicted, that helps. In civil proceedings a conviction is admissible to prove that the person committed the offence, and they are taken to have committed it unless the contrary is proved (section 11 of the Civil Evidence Act 1968; section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968; section 7 of the Civil Evidence Act (Northern Ireland) 1971).

Who you can claim against

The attacker. Whether suing them is worthwhile depends partly on whether they can pay (see below).
The attacker's employer. In Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 a petrol station kiosk worker attacked a customer, and the Supreme Court held the company liable. The court looks at the field of activities the employer gave the employee and whether there was a sufficient connection between the job and the wrongful conduct.
The occupier of the premises. Occupiers must take such care as is reasonable to see that visitors will be reasonably safe (section 2 of the Occupiers' Liability Act 1957, with equivalent Acts in Scotland and Northern Ireland). See pub and nightclub claims.
Your own employer, if you were attacked at work: see workplace assault claims.

Separate guides cover domestic abuse, historical abuse and claims against the police.

Criminal injuries compensation and a civil claim

In England, Scotland and Wales, CICA runs the Criminal Injuries Compensation Scheme 2012 for direct victims of a crime of violence, which includes a physical attack, a threat causing fear of immediate violence and a sexual assault to which the person did not in fact consent (paragraph 4 and Annex B). You may be eligible whether or not anyone has been convicted (paragraph 9), but an award will be withheld unless the incident was reported to the police as soon as reasonably practicable (paragraph 22) and you cooperated in bringing the assailant to justice (paragraph 23).

The two routes affect each other. The Victims' Code calls CICA a scheme of last resort, and CICA may defer a decision until you take reasonable steps to seek compensation through other routes. An award is withheld or reduced by civil damages, a settlement or a compensation order for the same injury (paragraph 85), and you must tell CICA about other claims (paragraph 91). See our criminal injury compensation guide.

Northern Ireland has its own scheme: applications must be received no later than 2 years after the incident (for a minor, 18 years plus 2 years), and the incident should be reported personally to the police as soon as possible. Victim Support NI can help with an application.

Compensation orders from the criminal court

If the attacker is convicted, the criminal court can order them to pay you compensation for any personal injury, loss or damage resulting from the offence (sections 133 and 134 of the Sentencing Act 2020). It must have regard to the offender's means (section 135) and give reasons if it does not make an order (section 55). The Victims' Code gives you the right to be told how to claim compensation, and you may be asked for evidence of your losses.

An order does not rule out a civil claim: the damages are assessed without regard to it, but you recover only the amount by which they exceed the compensation, plus any compensation you have not been able to recover (section 144). Scottish courts can also order compensation for alarm or distress (section 249 of the Criminal Procedure (Scotland) Act 1995, with section 253 dealing with later civil damages), and in Northern Ireland article 14 of the Criminal Justice (Northern Ireland) Order 1994 applies.

Time limits for an assault claim

England and Wales. Deliberate assaults used to follow a different rule, but in A v Hoare the House of Lords departed from Stubbings v Webb, in a case where the attacker, sentenced to life imprisonment, won the National Lottery while still serving his sentence. Deliberate injuries now follow the ordinary rules: three years from the assault, or from a later date of knowledge, with a court discretion to allow a late claim (sections 11, 14 and 33 of the Limitation Act 1980). For a child the three years run from their 18th birthday (sections 28 and 38), and since 29 June 2026 none of the time limits apply to an injury claim for sexual abuse suffered under 18 (section 11ZA).

Scotland. Three years, not counting time while the injured person was under 16 (section 17 of the Prescription and Limitation (Scotland) Act 1973; section 1(2) of the Age of Legal Capacity (Scotland) Act 1991). The limit does not apply to a claim brought by someone for abuse they suffered as a child, including physical and emotional abuse (section 17A), and a court can allow a late claim if it is equitable (section 19A).

Northern Ireland. Three years, running from 18 for a child, with a court discretion (articles 7, 48 and 50 of the Limitation (Northern Ireland) Order 1989). The checker uses this as a cautious working date.

Assault claim options and deadline checker

Where did the assault happen?

Date of the assault

Injured person's date of birth (optional, for children)

Date it was first reported to the police (optional)

Was this abuse of someone under 18?

Tick any that apply.

The attacker was at work at the time, for example as staff or a door supervisor The attacker has been convicted of the offence

Indicative only. It applies the limitation rules for injury claims in each part of the UK, the Criminal Injuries Compensation Scheme 2012, the Northern Ireland scheme's published time limit and the compensation order rules, and cannot allow for every exception. It is not legal advice. Nothing you enter leaves your browser.

CICA applications must be made within two years of the incident in Great Britain (paragraph 87), with special rules for children (paragraph 88) and later applications only in exceptional circumstances (paragraph 89).

Winning a claim and getting paid

A judgment is only worth what the other side can pay. If a debtor in England and Wales does not pay, you can ask the court to collect payment, for example through bailiffs, an attachment of earnings order or a third-party debt order that freezes money in their account. Where the attacker has little money, a claim against an employer or occupier, or a CICA application, may be more realistic.

Under Civil Procedure Rule 26.9, the small claims track is the normal track for an injury claim worth no more than £10,000 in total where the part for the injury itself is no more than £1,500 (England and Wales). A solicitor can explain funding, including no win no fee.

Evidence that helps an assault claim

the crime reference number and the officer's name;
medical records, and photographs of your injuries as they heal;
witness names and contact details;
CCTV, doorbell or phone footage, requested quickly;
messages or threats sent before or after the assault;
receipts and a record of time off work;
a certified copy of any conviction, which can be used as evidence (section 11(4) of the Civil Evidence Act 1968).

Frequently asked questions

Can I sue someone for assault if the police took no further action?

It may still be possible. A civil claim is decided on the balance of probabilities, and the Victims' Code says compensation may be sought from a suspect or offender outside the criminal justice process. A CICA application does not need a conviction either, but the assault must have been reported to the police.

How long do I have to sue someone for assault?

Usually three years from the assault, running from 18 for a child in England, Wales and Northern Ireland and from 16 in Scotland. Some child abuse claims have no time limit (section 11ZA in England and Wales for sexual abuse, section 17A in Scotland). CICA applications have two years.

Can I get CICA compensation and sue the attacker?

You can pursue both, but you must tell CICA about other claims, and a CICA award is withheld or reduced if you receive civil damages, a settlement or a compensation order for the same injury. CICA may also defer a decision until you have taken reasonable steps to claim elsewhere.

What if the person who attacked me has no money?

A judgment can be enforced through bailiffs, an attachment of earnings order or a third-party debt order, but that only helps if they have income or assets. A claim against an employer or venue, or a CICA application, may be more practical.

Can I claim against a pub, club or employer instead of the attacker?

Sometimes. An employer can be liable for an employee's assault where there is a sufficient connection between the job and the assault, as in Mohamud v WM Morrison Supermarkets. An occupier can be liable if it failed to take reasonable care for visitors' safety.

Help and official sources

999: in an emergency; 101 for a crime that is not an emergency
Victim Support: 0808 16 89 111, free and confidential, 24/7 (England and Wales)
Victim Support Scotland: 0800 160 1985
Criminal Injuries Compensation Authority: 0300 003 3601
Victim Support NI: help with a criminal injuries claim in Northern Ireland
The Law Society: find a solicitor in England and Wales

Official sources used for this guide: A v Hoare [2008] UKHL 6; Civil Evidence Act 1968, s.11; Sentencing Act 2020, s.144; Criminal Injuries Compensation Scheme 2012; Code of Practice for Victims of Crime. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.

Can I sue someone for assault? Civil assault claims in the UK