Source: All England Reporter
Publisher Citation: [2007] All ER (D) 167 (Feb)
Neutral Citation: [2007] EWHC 180 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Langstaff J
Representation Stuart Brown QC (instructed by Kitching Kneale & Co) for the claimant.
  Robert Jay QC and Jeremy Johnson (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 14 February 2007

Catchwords

Compensation - Criminal injuries - Entitlement to compensation - Criminal Injuries Compensation Scheme - Local authority provision - Whether claimant having burden of proving that no local authority provision will be made available to him in respect of his needs for care and accommodation consequent upon his injuries Criminal Injuries Compensation Scheme 1990.

The Case

Although the phrase in para12 of the Criminal Injuries Compensation Scheme 1990 'on the basis of common law damages' fell short of requiring the Criminal Injuries Compensation Appeals Panel exactly to replicate the process by which common law damages were established, the paragraph did provide for the way in which damages should be calculated as there was no express or implied contrary provision within the scheme.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary