Where the board was refusing an application, it need not set out every matter which it had taken into account. Citations: Times 22-Dec-1995, [1996] 2 All ER 144, [1996] 1 WLR 1037 Jurisdiction: England and Wales Cited by: Cited – Regina on Application of M v Criminal Injuries Compensation Appeals Panel Admn 31-Aug-2001 The complainant … Continue reading Regina v Criminal Injuries Compensation Board Ex Parte Cook: CA 22 Dec 1995
The complainant had suffered repeated acts of sexual abuse as a child including acts of penetration. She sought compensation under the scheme, but was initially refused on the basis that it was not a crime of violence, then later awarded pounds 2,000. Later again, the Panel agreed to make a payment but reduced it because … Continue reading Regina on Application of M v Criminal Injuries Compensation Appeals Panel: Admn 31 Aug 2001
A entire colliery closed down and all employees other than the pursuer were offered and accepted alternative employment, thus disqualifying them from receiving redundancy payments. The pursuer, who had been injured by the accident for which the defendants were responsible, was declared redundant and received such a payment. Held: A redundancy payment is not compensation … Continue reading Wilson v National Coal Board: HL 1981
The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963
TS (aged 14) was riding his bicycle. A dog ran out and chased him into the path of a car. He suffered serious injury. The dog had known aggressive characteristics. His claim to CICA was rejected on the basis that no crime of violence was involved. CICA sought judicial review of the first tier tribunal’s … Continue reading CICA v CICP/First-Tier Tribunal and TS: UTAA 19 Nov 2012
The applicant had sought to have included in the definitive map, a local footpath, and now challenged refusal to include it. Held: A public right of way may be created by dedication or it may be deemed after actual use by the public over twenty years; need to modify definitive map. In this case, it … Continue reading Regina v Secretary of State for Wales Ex Parte Emery: CA 9 Jul 1997
The claimant appealed against rejection of her appeal against a decision as to compensation under the scheme. Judges: Carnwath, Stanlet Burnton LJJ, Sir Robin Jacob Citations: [2011] EWCA Civ 1548, [2012] AACR 33 Links: Bailii Statutes: Criminal Injuries Compensation Scheme 2001 Jurisdiction: England and Wales Damages, Personal Injury Updated: 03 November 2022; Ref: scu.450116
The exclusion from claiming under the scheme, of victims within the same household, including sex abuse victims was not clearly unreasonable. The fact that the scheme was provided under the Crown prerogative did not exclude it from judicial review. Citations: Independent 12-May-1994, [1995] 1 WLR 845 Jurisdiction: England and Wales Citing: Appeal from – Regina … Continue reading Regina v Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another: CA 12 May 1994
The claimant had been driving his lorry. A man jumped in front of a second lorry in an apparent attempt to commit suicide. In a failed attempt to avoid the suicide, the second lorry crashed into the claimant causing catastrophic injuries. The claimant appealed against rejection of his claim for Criminal Injuries Compensation made on … Continue reading Jones v First Tier Tribunal (Social Entitlement Chamber): CA 12 Apr 2011
The court considered the circumstances of a claimant’s criminal record as they affected his entitlement to compensation under the scheme: ‘In each case, although different categories of circumstances can be taken into account, the issue is the same. Is the applicant an appropriate recipient of an ex gratia compensatory payment made at the public expense? … Continue reading Regina v Criminal Injuries Compensation Board, ex parte Thompstone: CA 1984
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit. Held: The issue of deductibility where the claim is for loss of pension cannot be properly answered without a clear understanding of the nature of the loss … Continue reading Longden v British Coal Corporation: HL 13 Mar 1997
Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019
The Home Secretary was under no duty to bring the new statutory CICB scheme into force on any particular date. He was free to continue to use his own. The court refused to order a judicial review. Judges: Staughton LJ and Buckley J Citations: Times 30-May-1994, Independent 24-May-1994 Statutes: Criminal Justice Act 1988 17(1) 108 … Continue reading Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: QBD 24 May 1994
The Home Secretary’s non-statutory scheme for the compensation for criminal injuries was unlawful pending implementation of the Act. It amounted to an abuse of power. He had power to delay implementing the new Act, with no duty to bring it into force, but could not in the interim introduce a scheme which differed radically from … Continue reading Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others: CA 10 Nov 1994
The claimant child suffered permanent damage in the form of foetal alcohol spectrum disorder. She now appealed from rejection of her claim for criminal injuries, saying that her mother’s drinking had been made her guilty of unlawfully administering a poison to any other person so as thereby to inflict grievous bodily harm, contrary to section … Continue reading CP (A Child) v First-Tier Tribunal (Criminal Injuries Compensation): CA 4 Dec 2014
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no stage had any evidence been produced. Held: The 1988 Act provided only limited circumstances for a payment, but … Continue reading Raissi, Regina (on the Application of) v Secretary of State for the Home Department: Admn 22 Feb 2007
The claimants claimed for the estate of their murdered son. He had been waiting to give evidence in a criminal trial, and had asked the police for support having received threats. Other witnesses had also suffered intimidation including acts of arson to cars and premises. The police officer had been disciplined for failing to respond … Continue reading Van Colle v Hertfordshire Police: QBD 10 Mar 2006
The applicant child had incurred legal expenses in applying to the Authority for compensation. The claim was successful, but the applicant was unable to rcover the expenses, and now said that that refusal infringed his human rights, since he would otherwise be unable to pursue such an action. Held: The failure to pay legal expenses … Continue reading C (a Child) v The Home Office and the Criminal Injuries Compensation Authority: CA 3 Mar 2004
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
Re-opening of dismissal of application – material change in medical condition. Held: The Authority’s appeal succeeded. Citations: [2018] EWCA Civ 2367, [2018] WLR(D) 661 Links: Bailii, WLRD Statutes: Criminal Injuries Compensation Scheme 1996 Jurisdiction: England and Wales Personal Injury Updated: 17 June 2022; Ref: scu.628680
When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, which payments he would not have received but for the incident. The section … Continue reading Cantwell v Criminal Injuries Compensation Board: HL 5 Jul 2001
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between counsel and the judge. His case had been overturned because he had been warned to expect a sentence … Continue reading In re McFarland: HL 29 Apr 2004
A claim for compensation for damages resulting from repeated acts of indecent exposure could properly be refused on the basis that the crime was not a crime of violence as such. The Board must consider in each case whether the act complained of was, in the ordinary and natural meaning of the words, a crime … Continue reading L C Application for Judicial Review of Decisions of the Criminal Injuries Compensation Board: OHCS 14 May 1999
The petitioner appealed a refusal of his claim for compensation. He was a serving police officer injured whilst arresting an offender. He had retired on medical grounds and received pensions, which the Board found deductible from any award reducing his claim below the minimum. The relative scheme sought to award damages on a basis comparable … Continue reading Cantwell v Criminal Injuries Compensation Board: IHCS 9 Feb 2000
The Ministry of Defence operated a scheme for compensating soldiers serving abroad who were injured as a result of criminal activity. The claimant, whilst serving on a peace-keeping mission in Bosnia, was injured when a hut was hit by a shell fired from a Serbian tank. The scheme refused compensation. There is no necessary incompatibility … Continue reading Regina v Ministry of Defence, ex parte Walker: HL 6 Apr 2000
For the purposes of the Criminal Injuries Compensation Scheme, a juvenile but willing participant in an act of buggery, is not deemed to be a victim of a crime of violence. The purpose of the section is to disapprove of such activity in general, and therefore neither participants is to be seen as a victim. … Continue reading Regina – v- Criminal Injuries Compensation Appeals Panel, ex parte August; Similar: CA 18 Dec 2000
The claimant sought judicial review of the Board’s decision to restrict his award by two thirds for his previous driving convictions of driving with excess alcohol and driving whilst disqualified. Held: The Board’s decision was for them. There was no error in law. They were a body of experts to whom the responsibility of assessing … Continue reading Regina v Criminal Injuries Compensation Board ex parte Pearson: Admn 11 May 1999
The court dismissed the plaintiff’s request for judicial review of the refusal of the Criminal Injuries Compensation (Overseas) Scheme. He was injured serving as a United Nations Peacekeeper in Bosnia, from a single round fired into the block by a Serbian tank. It is not known whether the tank aimed its fire at the accommodation … Continue reading Regina v Ministry of Defence ex parte Walker: Admn 9 Feb 1998
The scheme provided by the Ministry of Defence to compensate soldiers for being injured by criminal acts did not cover a wound inflicted by a shell fired from a tank whilst on peacekeeping duties. This was akin to a war injury. Auld LJ said: ‘there is no irrationality in the Ministry’s adoption of the Scheme … Continue reading Regina v Ministry of Defence, Ex Parte Walker: CA 5 Feb 1999
The words of the scheme should be given ‘their ordinary sensible meaning’ Citations: [1972] 1 WLR 569 Statutes: Criminal Injuries Compensation Scheme 1990 Jurisdiction: England and Wales Cited by: Cited – Cantwell v Criminal Injuries Compensation Board IHCS 9-Feb-2000 The petitioner appealed a refusal of his claim for compensation. He was a serving police officer … Continue reading Regina v Criminal Injuries Compensation Board ex parte Staten: 1972
The court was asked as to the extent of the power of the IAT and Court of Appeal to reconsider a decision which it later appeared was based upon an error of fact, and the extent to which new evidence to demonstrate such an error could be admitted. Held: The view that appeals were restricted … Continue reading E v Secretary of State for the Home Department etc: CA 2 Feb 2004
A disputed refusal of a claim by the board on the ground of the applicant’s character gave the right to an oral hearing. Citations: Times 20-Dec-1995 Statutes: Criminal Injuries Compensation Scheme 1990 24 Cited by: Appeal from – Regina v Criminal Injuries Compensation Board Ex Parte Dickson CA 19-Jul-1996 Criminal Injuries Compensation Board need not … Continue reading Regina v Criminal Injuries Compensation Board Ex Parte Dickson: QBD 20 Dec 1995
A claim under the scheme is to be understood as a privilege and rules excluding some claims not perverse. Citations: Independent 29-Apr-1993 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another CA 12-May-1994 The exclusion from claiming under the scheme, of … Continue reading Regina v Criminal Injuries Compensation Board Ex Parte P: QBD 29 Apr 1993
A widow received a widow’s pension under a Coal Board scheme on the death of her husband, which had been caused by the defendants’ negligence. Held: She did not have to give credit for this pension when the value of her dependency on her husband for the rest of his anticipated lifetime (from his earnings … Continue reading Auty v National Coal Board: CA 1985
The claimant made a claim as regards a sexual assault committed against him in prison. The Panel refused the claim on the basis that he had consented. Held: A claim might succeed where the consent was vitiated in such circumstances as would leave the assault a criminal offence. The claimant was vulnerable and had been … Continue reading Regina (E) v Criminal Injuries Compensation Appeals Panel: CA 3 Mar 2003
The parties were father and son, living at first in the US. On the son’s wife becoming seriously ill, the son returned to Scotland. The father advanced a substantal sum for the purchase of a property to live in, but the son put the properties in his own name. The father sought a conveyance of … Continue reading McGraddie v McGraddie and Another (Scotland): SC 31 Jul 2013
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was argued that a term was to be implied requiring resignation of a director when … Continue reading Attorney General of Belize and others v Belize Telecom Ltd and Another: PC 18 Mar 2009
The applicant sought compensation after an assault by a member of the family with whom he was being fostered. Held: The Compensation scheme disallowed a claim in respect of an assault by a member of the victim’s family. Under the fostering regulations, the arrangement was intended to allow him to live with the fostering family … Continue reading Regina (M) v Criminal Injuries Compensation Appeals Panel: QBD 28 Jun 2004
Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992
B had been removed into care at birth. The parents now appealed against a care order made with a view to B’s adoption. The Court was asked as to the situation where the risks were necessarily only anticipated, and as to appeals against a finding of fact. Held: (Lady Hale dissenting) The appeal was dismissed. … Continue reading Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015
The Authority appealed from refusal of judicial review of a circular issued by the respondent as to the supply of Plastic Baton Rounds and CS gas from central resources only. The authority suggested that the circular amounted to permission for the use of plastic baton rounds for the first time in England and Wales and … Continue reading Regina v Secretary of State for the Home Department, ex Parte Northumbria Police Authority: CA 18 Nov 1987
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001
The claimant had been employed by the defendant as editor of a newspaper. On leaving they entered into an agreement which the claimant said required the defendant to pay his legal costs in any action arising regarding his editorship. The defendant had later refused to do so, saying that it was not obliged to pay … Continue reading Coulson v Newsgroup Newspapers Ltd: QBD 21 Dec 2011
Article 50 Notice Requires Parliament’s Authority The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act. Held: Once the notice had been given, it was irrevocable. Consultation … Continue reading Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others: QBD 13 Nov 2016
Neill LJ [1994] EWCA Civ 34, [1995] 1 All ER 870, [1994] 2 FLR 861, [1995] 2 FCR 553, [1994] Fam Law 670, [1994] COD 507, [1995] 1 WLR 845 Bailii Criminal Injuries Compensation Scheme 1969 7 England and Wales Personal Injury Updated: 11 December 2021; Ref: scu.267529
The claimant had been injured when a lorry driver swerved to avoid hitting a man who stood in his path. He said that the deceased’s act of suicide amounted to an offence of violence under the 1861 Act so as to bring his own claim within the 2001 Scheme. Held: The appeal was allowed, restoring … Continue reading Jones v First Tier Tribunal and Another: SC 17 Apr 2013
The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action. Held: When considering whether to discharge such an undertaking the court should ask: ‘whether it would be just to deprive the respondent of the … Continue reading Di Placito v Slater and others: CA 19 Dec 2003
A hotel had been requisitioned during the war for defence purposes. The owner claimed compensation. The AG argued that the liability to pay compensation had been displaced by statute giving the Crown the necessary powers. Held: There is an established general principle, of high constitutional importance, that there is no common law power to take … Continue reading Attorney General v De Keyser’s Royal Hotel Ltd: HL 10 May 1920
The Crown Prerogative origin of the power to make ex gratia payments does not exclude the scheme under which the payments are made from judicial review. Decisions of the Board may therefore be subject to judicial review.Lord Parker CJ explained the limits of certiorari: ‘They have varied from time to time being extended to meet … Continue reading Regina v Criminal Injuries Compensation Board Ex parte Lain: QBD 1967
Interpretation of CICB Scheme The court should not construe the scheme as if it were a statute but as a public announcement of what the Government was willing to do. This entails the court deciding what would be a reasonable and literate man’s understanding of the circumstances in which he could under the scheme be … Continue reading Regina v Criminal Injuries Compensation Board ex parte Webb: CA 1987
Parliament had passed the 1988 Act which provided for a new Criminal Injuries Compensation Scheme. Instead of implementing the Act, the Home Secretary drew up a non-statutory scheme for a tarriff based system by using prerogative powers. The claimants, whose members would have recourse to the scheme, sought an order that the Act should be … Continue reading Regina v Secretary of State for the Home Department ex parte Fire Brigades Union: HL 5 Apr 1995
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced hearing losses before 1989. The defendant companies now appealed against a finding of liability. … Continue reading Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
The claimant had been riding his cycle. A dog, known to be aggressive, chased him, he swerved ino the path of a car and was severely injured. His claim was rejected by the appellant saying that no crime of violence had been involved. CICA now appealed against a reversal of that decision. Held: The appeal … Continue reading Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber): CA 3 Feb 2014
Prorogation request was non-justiciable The claimant sought to challenge the prorogation of Parliament by the Queen at the request of the respondent. Held: The claim failed: ‘the decision of the Prime Minister to advise Her Majesty the Queen to prorogue Parliament is not justiciable in Her Majesty’s courts.’‘The Prime Minister’s decision that Parliament should be … Continue reading Miller, Regina (On the Application Of) v The Prime Minister: QBD 11 Sep 2019
The pursuer was held in a secure mental hospital. When moved to a highersecurity section, he challenged the move. He lost but then was unable to make an apeal as allowed iunder the 2003 Act because the Scottish Parliament had not created the appropriate Regulations. Held: The appeal succeeded: ‘the Ministers’ failure to exercise their … Continue reading RM v The Scottish Ministers: SC 28 Nov 2012
Each claimant had graduated from a tertiary college and wished to stay on in the UK. They challenged the points based system for assessing elgibility introduced in 2008 after they had commenced their studies. The new rules tightened the criteria for staying. Held: The appeals succeeded. By 1969, immigration rules had by law shed the … Continue reading Secretary of State for The Home Department v Pankina: CA 23 Jun 2010
The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006. Held: The secretary of state’s appeal failed. The fact that the guidance differentiated between NHS service and private medical care indicated that … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008
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