Alison L. Young: Fact/Law – a Flawed Distinction? – UK Constitutional Law Group

Posted May 21st, 2013 in civil justice, criminal injuries compensation, news, Supreme Court, VAT by sally

“If prizes were awarded to ‘Distinctions in English law’, then a good contender for the ‘lifetime achievement’ award would be the distinction between ‘law’ and ‘fact’. Whilst adventurers have their Swiss Army knife, and the Dr has his sonic screwdriver, lawyers have the multi-purpose malleable ‘law/fact’ distinction which is just as capable of opening or closing avenues of review, or providing a deus ex machina ‘get out of jail free’ card – or so a perusal of two recent decisions of the Supreme Court might have us believe.”

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UK Constitutional Law Group 21st May 2013

Source: www.ukconstitutionallaw.org

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Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber) – WLR Daily

Regina (Jones) v First-tier Tribunal (Social Entitlement Chamber): [2013] UKSC 19;   [2013] WLR (D)  142

“Where a tribunal found that a person who had committed suicide had been reckless as to whether his action would also cause injury to some other person, and it had in fact done so an offence of inflicting grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 had been committed which was a ‘crime of violence’ entitling that other person to claim under the Criminal Injuries Compensation Scheme. However, the question as to what the offender had actually foreseen was for the First-tier Tribunal to answer, not an appellate court, which should not readily intervene in issues best left for determination by specialist appellate tribunals by classifying them as issues of law.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

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M25 suicide case demonstrates limits of court of appeal – The Guardian

“Supreme court’s backing of initial tribunal reaffirms principle that suicidal people may not realise full effects of their actions.”

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The Guardian, 18th April 2013

Source: www.guardian.co.uk

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Jones (by Caldwell) (Respondent) v First Tier Tribunal (Respondent) and Criminal Injuries Compensation Authority (Appellant) – Supreme Court

Jones (by Caldwell) (Respondent) v First Tier Tribunal (Respondent) and Criminal Injuries Compensation Authority (Appellant) [2013] UKSC 19 | UKSC 2011/0123 (YouTube)

Supreme Court, 17th April 2013

Source: www.youtube.com/user/UKSupremeCourt

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Criminal compensation – claims for minor injuries cut – BBC News

Posted November 27th, 2012 in compensation, criminal injuries compensation, news, victims by sally

“Violent crime victims who suffer minor injuries will not get compensation under changes which have come into effect in England, Wales and Scotland.”

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BBC News, 27th November 2012

Source: www.bbc.co.uk

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Victims of crime may lose out on millions in compensation – The Guardian

Posted October 8th, 2012 in budgets, criminal injuries compensation, news by sally

“The government is studying plans to slash compensation for people injured by criminals, including the children of murder victims, despite mounting opposition from within its own ranks.”

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The Guardian, 7th October 2012

Source: www.guardian.co.uk

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Hutton and others v Criminal Injuries Compensation Authority – WLR Daily

Hutton and others v Criminal Injuries Compensation Authority [2012] EWCA Civ 806; [2012] WLR (D) 176

“‘Particular circumstances’ in para 18 of the Criminal Injuries Compensation Scheme 2001, which provided that a claims officer could waive the two-year time limit within which claims for compensation in respect of criminal injury should be brought pursuant to the scheme, meant the actual or distinct circumstances of the individual case, not special circumstances in the sense of being unusual or extraordinary circumstances.”

WLR Daily, 14th June 2012

Source: www.iclr.co.uk

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Ken Clarke: £50m for victims’ services – Ministry of Justice

Posted January 31st, 2012 in consultations, crime, criminal injuries compensation, fines, news, victims by sally

“An overhaul of victims’ services could see up to £50m generated from offenders to help create a speedier, more supportive system for victims of serious crime.”

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Ministry of Justice, 30th January 2012

Source: www.justice.gov.uk

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Dangerous, vindictive and unnecessary – The Guardian

“Ken Clarke can already refuse victims compensation for violent crimes if they are of bad character. Now he wants to ban anyone with an unspent conviction from applying.”

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The Guardian, 30th January 2012

Source: www.guardian.co.uk

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Compensation scheme to be overhauled – The Independent

Posted January 30th, 2012 in compensation, criminal injuries compensation, criminal records, news, victims by sally

“Victims who suffer sprained ankles, broken toes or bruised ribs would no longer be entitled to compensation under Government plans, Kenneth Clarke said today.”

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The Independent, 30th January 2012

Source: www.independent.co.uk

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Kenneth Clarke to ban criminals from claiming injuries fund – The Guardian

Posted January 30th, 2012 in criminal injuries compensation, news, personal injuries by sally

“Criminals are to be banned from making claims for injuries from a special fund set up to help victims of crime, Kenneth Clarke will announce on Monday.”

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The Guardian, 30th January 2012

Source: www.guardian.co.uk

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Victim compensation fund reduced – BBC News

Posted September 16th, 2011 in budgets, criminal injuries compensation, news, victims by tracey

“The government has cut the budget available to help victims of crime get compensation for their injuries. The Criminal Injuries Compensation Scheme will have £10m less this year, a cut of about 5%.”

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BBC News, 16th September 2011

Source: www.bbc.co.uk

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George Davis awaits court ruling over 1975 robbery – BBC News

Posted May 24th, 2011 in appeals, criminal injuries compensation, news, robbery by sally

“A man is to learn whether his name has been cleared over a robbery he was convicted of committing in the 1970s.”

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BBC News, 24th May 2011

Source: www.bbc.co.uk

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Hidden costs to crime victims – BBC News

Posted May 10th, 2011 in costs, crime, criminal injuries compensation, news, victims by sally

“Victims of violent crime can find themselves tens of thousands of pounds out-of-pocket, according to research completed for the first commissioner for victims and witnesses for England and Wales.”

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BBC News, 10th May 2011

Source: www.bbc.co.uk

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Jones v First-tier Tribunal – WLR Daily

Jones v First-tier Tribunal [2011] EWCA Civ 400; [2011] WLR (D) 131

“An offence of inflicting grevious bodily harm, contrary to section 20 of the Offences against the Person Act 1861, was a ‘crime of violence’ for the purposes of the Criminal Injuries Compensation Scheme 2001.”

WLR Daily, 12th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Victim payouts to be reviewed after 7/7 London bombs – BBC News

Posted October 20th, 2010 in criminal injuries compensation, news, terrorism, victims by sally

“The government’s scheme compensating victims of crime is to be changed as a result of the 7 July London bombs, Justice Secretary Ken Clarke has said.”

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BBC News, 19th October 2010

Source: www.bbc.co.uk

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£11m compensation awarded to 7/7 victims – BBC News

Posted July 3rd, 2010 in criminal injuries compensation, news, victims by sally

“Victims of the 7 July attacks have received £11m in compensation so far, the Criminal Injuries Compensation Authority (CICA) said.”

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BBC News, 2nd July 2010

Source: www.bbc.co.uk

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Compensation for British victims of overseas terror attacks – The Guardian

Posted January 18th, 2010 in criminal injuries compensation, news, terrorism, victims by sally

“The government has agreed to provide financial help for British victims of terrorist attacks overseas, nearly five years after Tony Blair first promised action.”

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The Guardian, 15th January 2010

Source: www.guardian.co.uk

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Ruling backs false rape claim man – BBC News

“A man falsely accused of rape has been told he has grounds for compensation.”

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BBC News, 13th May 2009

Source: www.bbc.co.uk

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R (Tait) v Criminal Injuries Compensation Appeals Panel – WLR Daily

Posted April 14th, 2009 in criminal injuries compensation, law reports by sally

R (Tait) v Criminal Injuries Compensation Appeals Panel [2009] EWHC 767 (Admin); [2009] WLR (D) 138

“As a matter of construction of para 11 of the Criminal Injuries Compensation Scheme 2001, a finding that it was not the motive of a driver in using his vehicle to inflict or attempt to inflict injury on any person was not determinative of the question whether the vehicle was used so as deliberately to inflict or attempt to inflict injury on any person, because it was not inconsistent with a finding that it was nevertheless the driver’s intention to cause injury; if such an intention was proved, the para 11 exception would not apply to render the injured person ineligible for compensation.”

WLR Daily, 9th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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