Alcohol consumed in pregnancy may be deemed to be poisoning – Halsbury’s Law Exchange

Posted November 10th, 2014 in alcohol abuse, criminal injuries compensation, news, poisoning, pregnancy by sally

‘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.’

Full story

Halsbury’s Law Exchange, 7th November 2014

Source: www.halsburyslawexchange.co.uk

Criminal injuries compensation: a guide – Ministry of Justice

Posted July 15th, 2014 in compensation, criminal injuries compensation, news by tracey

‘A guide to applying for compensation under the Criminal Injuries Compensation Scheme.’

Full text

Ministry of Justice, 14th July 2014

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

Colefax v First-tier Tribunal (Social Entitlement Chamber) and another – WLR Daily

Posted July 9th, 2014 in criminal injuries compensation, law reports, time limits by sally

Colefax v First-tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 945; [2014] WLR (D) 296

‘The ordinary meaning of paragraph 18(b) of the Criminal Injuries Compensation Scheme 2008, which provided that a claims officer could waive the two-year time limit, from the date of the relevant incident, for the making of an application for compensation in respect of a criminal injury where, in the particular circumstances of the case, it would not have been reasonable to expect the applicant to have made an application within the two-year period, required the late applicant to show that it was not reasonable to expect him to make any application for compensation within time thereby placing the burden on the late applicant to show that he did not fail to comply with a reasonable expectation that he would pursue his compensation rights in a timely manner.’

WLR Daily, 8th July 2014

Source: www.iclr.co.uk

Woman abused by stepfather fights for compensation – Daily Telegraph

‘A woman who was sexually abused by her stepfather for more than a decade will today bring a landmark legal case in an attempt to overturn rules which bar her from claiming compensation from public funds.’

Full story

Daily Telegraph, 21st May 2014

Source: www.telegraph.co.uk

Train driver traumatised by death on tracks fights loss of compensation – The Independent

‘It was around midday on 31 March 2012 that Nik Douglas’s life changed forever. The 37-year-old train driver was travelling through Northallerton station on the way to Newcastle when he saw a man in his sixties standing alone on the platform. He thought nothing of the lone figure, turning instead to check the opposite platform. By the time Mr Douglas looked back again, the man was crouching on the tracks in front of his train. But because of a recent change in the law, Mr Douglas could be the last person in the country to receive compensation for such trauma.’

Full story

The Independent, 5th May 2014

Source: www.independent.co.uk

Court of appeal to decide whether heavy drinking while pregnant is a crime – The Guardian

‘A pioneering compensation claim on behalf of a child who was severely damaged by her mother’s heavy drinking during pregnancy is to go before the court of appeal.’

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The Guardian, 4th March 2014

Source: www.guardian.co.uk

Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another – WLR Daily

Posted February 7th, 2014 in criminal injuries compensation, dogs, law reports, news, violence by tracey

Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 65;  [2014] WLR (D)  45

‘In order to determine whether conduct which amounted to an offence contrary to section 3(1) of the Dangerous Dogs Act 1991 of being the owner of a dog which was dangerously out of control in a public place was a “crime of violence”, for the purposes of the Criminal Injuries Compensation Scheme, it was necessary to have regard to the nature of the offence rather than its consequences. Negligently to allow a dog to escape, even a dog known to be aggressive, did not constitute a crime of violence.’

WLR Daily, 3rd February 2014

Source: www.iclr.co.uk

Escaping dog not a “crime of violence” for purposes of criminal injuries compensation – UK Human Rights Blog

Posted February 5th, 2014 in criminal injuries compensation, dogs, news by sally

‘When considering whether to award compensation under the Criminal Injuries Compensation Scheme, the board must rest its determination of “crime of violence” on the act causing the injury, not its consequences. A breach of the provisions of the Dangerous Dogs Act is not necessarily a “crime of violence”.’

Full story

UK Human Rights Blog, 5th February 2014

Source: www.ukhumanrightsblog.com

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.”

Full story

UK Constitutional Law Group 21st May 2013

Source: www.ukconstitutionallaw.org

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

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.”

Full story

The Guardian, 18th April 2013

Source: www.guardian.co.uk

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

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.”

Full story

BBC News, 27th November 2012

Source: www.bbc.co.uk

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.”

Full story

The Guardian, 7th October 2012

Source: www.guardian.co.uk

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

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.”

Full story

Ministry of Justice, 30th January 2012

Source: www.justice.gov.uk

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.”

Full story

The Guardian, 30th January 2012

Source: www.guardian.co.uk

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.”

Full story

The Independent, 30th January 2012

Source: www.independent.co.uk

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.”

Full story

The Guardian, 30th January 2012

Source: www.guardian.co.uk

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%.”

Full story

BBC News, 16th September 2011

Source: www.bbc.co.uk