Regina (H) v Criminal Injuries Compensation Authority: QBD 11 Nov 2002

The applicant claimed for damages having been injured. All the information requested by the Authority had been received, but the Authority unreasonably delayed settling the claim. The claimant sought damages under the Human Rights Act.
Held: The correct approach would have been to seek an order requiring the Authority to make a decision within a certain time. The Authority had requested certain information which was irrelevant to its determination. The court ordered the Authority to make a determination within 28 days, and the Article 8 application was not to be pursued.

Judges:

McCombe J

Citations:

Times 25-Nov-2002, Gazette 16-Jan-2003

Statutes:

European Convention on Human Rights Art 8

Jurisdiction:

England and Wales

Human Rights, Administrative

Updated: 29 May 2022; Ref: scu.178299