Colefax v First Tier Tribunal and Another: CA 8 Jul 2014

The court considered the provision allowing an extension of time for the submission of a claim for criminal injuries compensation, and in particular ‘if the victim of a violent crime suffers immediate consequential injury (‘injury A’), but also suffers some different injury (‘injury B’) which, even if apparent within two years, is only diagnosed as having been caused by the violent crime after the expiry of the two-year period, is the condition in paragraph 18(b) capable of being satisfied by reference to an application which includes or is limited to compensation for injury B, or must the condition be satisfied by the applicant showing that it would not have been reasonable to expect him to have made, within the two-year period, an application for compensation in relation only to injury A, which he knew from the outset had been caused by the violent crime? ‘

Arden, Black, Briggs LJJ
[2014] EWCA Civ 945, [2014] WLR(D) 296
Bailii, WLRD
Criminal Injuries Compensation Scheme (2008) 18
England and Wales

Personal Injury

Updated: 16 December 2021; Ref: scu.533931