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? As with all discretionary decisions, there will be cases where the answer is clear one way or the other and cases which are on the borderline and in which different people might reach different decisions. The Crown has left the decision to the board and the court can and should only intervene if the board has misconstrued its mandate or its decision is plainly wrong. …’
Judges:
Sir John Donaldson MR
Citations:
[1984] 1 WLR 1234
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Criminal Injuries Compensation Board ex parte Pearson Admn 11-May-1999
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 20 August 2022; Ref: scu.198318
