Source: All England Reporter
Publisher Citation: [2005] All ER (D) 254 (Nov)
Court: Queen's Bench Division (Administrative Court)
Judge:

McCombe J

Representation Simon Carr (instructed by Platt Halpern) for the claimant.
  Jeremy Johnson (instructed by the Treasury Solicitor) for the panel.
Judgment Dates: 18 November 2005

Catchwords

Compensation - Criminal injuries - Entitlement to compensation - Reduction - Character of claimant - Criminal Injuries Appeal Panel making 100% reduction in award - Whether panel plainly wrong - Criminal Injuries Compensation Scheme, para 13(e).

The Case

The claimant's convictions for benefit fraud, an unsatisfactory mortgage application and his unconvincing evidence in that regard, in circumstances where the Criminal Injuries Appeal Panel had failed to give reasons for departing from guidelines of the Criminal Injury Authority, under which the award would have attracted no reduction, could not justify a complete denial of compensation for an offence as serious as the one to which the claimant had been subjected.

Practice Areas

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