‘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.’
Zenith PI Blog, 19th April 2017
Source: www.zenithpi.wordpress.com
‘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.’
UK Human Rights Blog, 15th March 2017
Source: www.ukhumanrightsblog.com
‘A disabled man born with a serious genetic disorder, due to an incestuous rape, has failed to obtain compensation for his medical condition.’
The Guardian, 14th March 2017
Source: www.guardian.co.uk
‘A severely disabled man born after an incestuous rape is seeking compensation at the Court of Appeal as a victim.’
BBC News, 15th March 2017
Source: www.bbc.co.uk
‘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.’
The Independent, 18th January 2017
Source: www.independent.co.uk
‘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.’
UK Human Rights Blog, 22nd August 2016
Source: www.ukhumanrightsblog.com
‘The courts have tackled the issue of compensation for criminal injuries inflicted before birth.’
Law Society’s Gazette, 25th July 2016
Source: www.lawgazette.co.uk
‘A man born with severe disabilities after his mother was raped by her father has won the right to claim compensation.’
BBC News, 1st June 2016
Source: www.bbc.co.uk
‘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
‘A rape victim did not get compensation from her attacker because of the Government’s controversial new court charge, MPs have been told.’
The Independent, 27th October 2015
Source: www.independent.co.uk
‘Compensation has been reduced for sexual assault victims who have criminal convictions. But we need to stop insisting that traumatised people should be model citizens.’
The Guardian, 7th August 2015
Source: www.guardian.co.uk
‘Hundreds of sexual abuse victims have had their compensation payments reduced after committing crime themselves, according to figures.’
The Guardian, 31st July 2015
Source: www.guardian.co.uk
‘The discount rate determined by the Lord Chancellor under section 1(1) of the Damages Act 1996 was applicable to the quantification of future loss under the Criminal Injuries Compensation Scheme 1990.’
WLR Daily, 21st April 2015
Source: www.iclr.co.uk
‘The Criminal Injuries Compensation Authority routinely refuses to make awards to women who have committed minor offences.’
The Guardian, 17th March 2015
Source: www.guardian.co.uk
‘The family of a man found dead in a concrete mixer in Essex has been awarded £12,000 in compensation.’
BBC News, 30th January 2015
Source: www.bbc.co.uk
‘Yesterday the Court of Appeal gave a vote of confidence in CICA’s recent policy change on FASD inflicted injuries. The Court concluded that, as a foetus was not ‘any other person’ in the eyes of the criminal law, the mother’s damagingly excessive alcohol consumption was NOT an act of violence susceptible to compensation.
Zenith PI Blog, 9th December 2014
Source: www.zenithpi.wordpress.com
‘A mother who drank alcohol to excess while she was pregnant, resulting her child being born with permanent damage from foetal alcohol spectrum disorder, was not criminally liable for administering poison to “any other person” so as to inflict grievous bodily harm contrary to section 23 of the Offences Against the Person Act 1861. Because a foetus was not “any other person” for the purposes of section 23, and the harm had been inflicted on the child while she was in the womb, the child was not entitled to criminal injuries compensation.’
WLR Daily, 4th December 2014
Source: www.iclr.co.uk
‘A child born with foetal alcohol syndrome is not legally entitled to compensation after her mother drank excessively while pregnant, the Court of Appeal has ruled.’
BBC News, 4th December 2014
Source: www.bbc.co.uk
‘The Court of Appeal heard a landmark test case this week brought on behalf of a child born with foetal alcohol syndrome against the Criminal Injuries Compensation Authority.’
Halsbury’s Law Exchange, 7th November 2014
Source: www.halsburyslawexchange.co.uk
© Inner Temple Library 2023