C (a Child) v The Home Office and the Criminal Injuries Compensation Authority: CA 3 Mar 2004

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 was an express part of the scheme. An application was a determination of the applicant’s civil rights, but to say that a part of the compensation on account had to be expended to pursue the claim was not a denial of rights. There was no obligation on the scheme to provide for payment of expenses.

Judges:

Lord Justice Clarke Lord Justice Sedley

Citations:

[2004] EWCA Civ 234, Times 01-Mar-2004, Gazette 01-Apr-2004

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Costs, Human Rights

Updated: 05 July 2022; Ref: scu.194109