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Jones v First Tier Tribunal and Another: SC 17 Apr 2013

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

Van Colle v Hertfordshire Police: QBD 10 Mar 2006

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

Cantwell v Criminal Injuries Compensation Board: HL 5 Jul 2001

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

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 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

Regina – v- Criminal Injuries Compensation Appeals Panel, ex parte August; Similar: CA 18 Dec 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

E v Secretary of State for the Home Department etc: CA 2 Feb 2004

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

Regina v Criminal Injuries Compensation Authority, Ex Parte Leatherland; similar: QBD 12 Oct 2000

The practice of withholding the reasons for a decision until the day of an appeal which had come to be adopted was unfair and bad administration. The Tribunal should give proper reasons for its decision, together with the gist of any evidence which they had taken into account in coming to that decision. Such a … Continue reading Regina v Criminal Injuries Compensation Authority, Ex Parte Leatherland; similar: QBD 12 Oct 2000

Re B (A Child) (Care Proceedings: Threshold Criteria): SC 12 Jun 2013

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

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

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

Parry v Cleaver: HL 5 Feb 1969

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

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

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

Di Placito v Slater and others: CA 19 Dec 2003

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

Baker v Quantum Clothing Group Ltd and Others: SC 13 Apr 2011

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

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 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

Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber): CA 3 Feb 2014

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

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