Source: All England Reporter
Publisher Citation: [2012] All ER (D) 71 (Jun)
Neutral Citation: [2012] EWCA Civ 806
Court: Court of Appeal, Civil Division
Judge:

Arden, Aikens and McFarlane LJJ
Representation Christopher Buttler (acting pro bono) for the claimant.
  Owain Thomas (instructed by the Treasury Solicitor) for the First-tier Tribunal (Criminal Injuries Compensation Authority)
Judgment Dates: 14 June 2012

Catchwords

Compensation - Criminal injuries - Limitation - Claimant's father being killed when claimant was 4 months old - Claimant making application to Criminal Injuries Compensation Scheme over 40 years later - Criminal Injuries Compensation Authority refusing to extend two year limitation period - First-tier Tribunal (Social Entitlement Chamber) dismissing appeal against that decision - Claimant seeking judicial review of First-tier Tribunal's decision - Upper Tribunal (Administrative Appeals Chamber) dismissing application - Claimant appealing - Whether Upper-Tribunal erring in assessment of First-tier Tribunal's construction of rules of the scheme - Whether First-tier Tribunal erring.

The Case

Compensation Criminal injuries. The Court of Appeal, Civil Division, allowed the appeal on the basis that the First-tier Tribunal (Social Entitlement Chamber) had erred in its construction of para 18 of the Criminal Injuries Compensation Scheme (2001) and in dismissing the claimant's application for judicial review of a decision by the Criminal Injuries Compensation Authority not to extend the two year time limit for seeking compensation.

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