Justice Secretary unveils Victims Strategy – Ministry of Justice

Posted September 10th, 2018 in criminal injuries compensation, press releases, victims by tracey

‘Support for victims of crime will be overhauled following the launch of the first ever cross-government Victims Strategy.’

Full press release

Ministry of Justice, 10th September 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

‘Same-roof’ rule in criminal injuries compensation – Law Society’s Gazette

Posted August 7th, 2018 in child abuse, criminal injuries compensation, domestic violence, news by sally

‘JT was born in 1963. She was the victim of repeated sexual assaults by her stepfather between the ages of 5 and 17 and made an application to the Criminal Injuries Compensation Authority following his conviction in 2012.’

Full Story

Law Society's Gazette, 6th August 2018

Source: www.lawgazette.co.uk

“Same roof” rule excluding compensation for abuse is unlawful – Court of Appeal – UK Human Rights Blog

‘JT v First Tier Tribunal [2018] EWCA Civ 1735. Between 1968 and 1975 the appellant JT was repeatedly assaulted and raped by her stepfather in her family home. Many years later, her assailant was prosecuted for those crimes and convicted on all counts in 2012. As a victim of violent sexual crime, JT applied for compensation under the Criminal Injuries Compensation Scheme. Her application was refused on the basis of the “same roof” rule, which stated that an award would not be made in respect of a criminal injury sustained before 1 October 1979.’

Full Story

UK Human Rights Blog, 31st July 2018

Source: ukhumanrightsblog.com

Domestic abuse victim wins legal challenge against policy denying her right to compensation – The Independent

‘A woman who suffered serious abuse at the hands of her stepfather has won a legal challenge against a policy which denies some victims the right to compensation. The Court of Appeal ruled on Tuesday that the so-called “same-roof” rule, which denies compensation to domestic abuse victims who lived in the same home as their attacker before 1979, was “incompatible” with human rights laws.’

Full Story

The Independent, 24th July 2018

Source: www.independent.co.uk

‘Same roof’ victim compensation rule faces legal challenge – BBC News

‘A woman sexually abused by her stepfather between the ages of four and 16 is challenging a law which stops victims of crime who lived under the “same roof” as their attacker prior to 1979, from receiving compensation.’

Full Story

BBC News, 11th June 2018

Source: www.bbc.co.uk

Grandmother strangled and left for dead by rapist who murdered her daughter is refused compensation as her injuries are not serious enough – Daily Telegraph

Posted January 22nd, 2018 in compensation, criminal injuries compensation, news, victims by sally

‘An 81-year-old great-grandmother who was strangled by a man who had just raped and murdered her daughter has been refused compensation after being told her injuries were not severe enough.’

Full Story

Daily Telegraph, 21st January 2018

Source: www.telegraph.co.uk

Child sex abuse victim receives apology after being refused compensation because he ‘consented’ – Daily Telegraph

Posted November 8th, 2017 in consent, criminal injuries compensation, news, sexual offences, victims by tracey

‘A victim of child sex abuse denied compensation by a Government agency because it said he “consented” has now received an apology.’

Full Story

Daily Telegraph, 8th November 2017

Source: www.telegraph.co.uk

Sex abuse victims ‘failed’ by criminal payout scheme – BBC News

‘The Criminal Injuries Compensation Authority is to be investigated over concerns it is failing child sex abuse victims, the Victims’ Commissioner has told 5 live Investigates.’

Full Story

BBC News, 1st October 2017

Source: www.bbc.co.uk

Female victims of violent crime ‘should receive more compensation’ – Daily Telegraph

Posted August 11th, 2017 in criminal injuries compensation, news, victims, women by tracey

‘Women should get more compensation after being a victim of crime because they are more negatively affected by it, a study has suggested.’

Full Story

Daily Telegraph, 10th August 2017

Source: www.telegraph.co.uk

Sexually abused children as young as 12 refused compensation on grounds they ‘consented’, warn charities – The Independent

‘Sexually abused children as young as 12 are being refused compensation by a Government agency on the grounds that they “consented” to their abuse, charities have warned.’

Full Story

The Independent, 18th July 2017

Source: www.independent.co.uk

Compensation following fatal stabbing: Human rights and the CICA: “Double Recovery” not allowed – Zenith PI Blog

‘The decision of the Upper Tribunal in VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil proceedings when there may be an easier (and cheaper) alternative of an application under the Criminal Injuries Compensation Scheme.’

Full story

Zenith PI Blog, 19th April 2017

Source: www.zenithpi.wordpress.com

Rape, incest and damage: but who is the real victim? – UK Human Rights Blog

‘Criminal Injuries Compensation Authority v First Tier Tribunal (Social entitlement Chamber) and Y by his mother and Litigation Friend.’ The predictability of genetic disorders continues to challenge existing law. Here, the Court of Appeal had to consider whether a child born as a result of incestuous rape could claim compensation under the Criminal Injuries Compensation Scheme (CICS) for his congenital disabilities. These were 50% predictable as a result of the nature of his conception, as opposed to 2-3% in the general population.’

Full story

UK Human Rights Blog, 15th March 2017

Source: www.ukhumanrightsblog.com

Disabled man born from incestuous rape denied compensation – The Guardian

Posted March 15th, 2017 in compensation, criminal injuries compensation, incest, news, rape by tracey

‘A disabled man born with a serious genetic disorder, due to an incestuous rape, has failed to obtain compensation for his medical condition.’

Full story

The Guardian, 14th March 2017

Source: www.guardian.co.uk

Child of incestuous rape seeks compensation – BBC News

‘A severely disabled man born after an incestuous rape is seeking compensation at the Court of Appeal as a victim.’

Full story

BBC News, 15th March 2017

Source: www.bbc.co.uk

Rape victims shouldn’t have to pay for their own justice through the civil courts – The Independent

‘The jury in a criminal case must believe the accused is guilty ‘beyond reasonable doubt’, meaning that a victim can be believed and yet a ‘not guilty’ verdict is still returned. This is part of the reason that many cases never reach trial: the police or CPS think the evidence may not fulfil the tough requirements of the criminal courts.’

Full story

The Independent, 18th January 2017

Source: www.independent.co.uk

Successful compensation appeal by rape victim – UK Human Rights Blog

‘The Upper Tribunal has ruled that, in deciding whether or not an applicant has cooperated with the prosecution of her assailant where she made and later retracted an allegation of rape, it was necessary to see why that retraction was made and whether it was done truly voluntarily, rather than simply assessing whether she was responsible for the retraction.’

Full story

UK Human Rights Blog, 22nd August 2016

Source: www.ukhumanrightsblog.com

Criminal injuries compensation – Law Society’s Gazette

‘The courts have tackled the issue of compensation for criminal injuries inflicted before birth.’

Full story

Law Society’s Gazette, 25th July 2016

Source: www.lawgazette.co.uk

Disabled man born after incest rape wins right to claim compensation – BBC News

‘A man born with severe disabilities after his mother was raped by her father has won the right to claim compensation.’

Full story

BBC News, 1st June 2016

Source: www.bbc.co.uk

PJV v Director of Adult Social Care Newcastle City Council and another – WLR Daily

PJV v Director of Adult Social Care Newcastle City Council and another: [2015] EWCOP 87; [2015] WLR (D) 560

‘There was no need for an application to the Court of Protection to finalise an award to an incapacitated person that the Criminal Injuries Compensation Authority decided should be held on trust, since a deputy appointed by the Court of Protection could be authorised to negotiate and finalise the terms of such an award.’

WLR Daily, 18th December 2016

Source: www.iclr.co.uk

Criminal courts charge denied compensation to rape victim, MPs told – The Independent

‘A rape victim did not get compensation from her attacker because of the Government’s controversial new court charge, MPs have been told.’

Full story

The Independent, 27th October 2015

Source: www.independent.co.uk