||All England Reporter
|| All ER (D) 167 (Feb)
|| EWHC 180 (Admin)
||Queen's Bench Division (Administrative Court)
||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.
||14 February 2007
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.
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.
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