New Precedent at Appeal to First Tier Tribunal

24th January 2020

Robert Mills has set a new precedent in an appeal to the First Tier Tribunal against the Criminal Injuries Compensation Scheme in January 2020.

The case concerned the question of whether an unpaid compensation order made in criminal proceedings should be deducted from compensation awarded separately by the CICA. Rule 85 of the Criminal Injuries Compensation Scheme 2012 had previously been understood to mean that all compensation orders would be deducted from CICA compensation, even when the same had not been paid by the criminal defendant. Robert successfully argued at tribunal that this unfairly disadvantaged victims who had been unable to successfully enforce compensation orders against their assailants. The First Tier Tribunal agreed that the wording of Rule 85(2) gave scope to deduct only payments which had been made under criminal compensation orders, rather than the amount in the order itself:

85.(1) An award under this Scheme will be withheld or reduced if in

respect of the criminal injury to which the award relates the

applicant, whether in any part of the United Kingdom or

elsewhere:

(a) receives or is awarded criminal injuries compensation or a

similar payment;

(b) receives an order for damages from a civil court;

(c) agrees the settlement of a damages claim; or

(d) receives a compensation order or offer made during

criminal proceedings.

(2) An award will be reduced by the amount of any payments

listed in sub-paragraph (1), net of any benefits recoverable under

the Social Security (Recovery of Benefits) Act 1997 or equivalent

legislation (whether in any part of the United Kingdom or

elsewhere)

 

Robert’s client accordingly did not have to give credit for the £10,000.00 awarded in a previous compensation order in respect of injury to his eyes which had led to two detached, retinas, a cataract and glaucoma which has resulted in 7 surgeries.