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Headnote |
Summary of decision
Where a final award is accepted by an applicant in ignorance of his right to an oral hearing, that award cannot later be challenged unless there has been a serious change in the applicant’s medical condition so as to entitle the Criminal Injuries Compensation Board to reconsider the case under paragraph 13 of the Criminal Injuries Compensation Scheme 1990.
Facts
The Applicant (‘B’) accepted a final award for compensation granted on paper by the Criminal Injuries Compensation Board (‘the Board’). He subsequently expressed dissatisfaction with the award and was informed that, once a final award had been accepted, the Board could only reopen a matter if there had been a serious change in B’s medical condition. B invited the Board to reopen the matter on the grounds that the award was too low. The Board refused to reopen the matter or grant him an oral hearing. B sought judicial review of the Board’s decision not to grant him an oral hearing. B’s position before Turner J was that he had never been aware he was entitled to an oral hearing.
Held, refusing the application
(1) The Board had properly refused to reopen the case as there was no evidence of a serious change in the applicant’s medical condition.
(2) Having accepted the final award, it was too late for B to request an oral hearing.
Representation
Mr I Wright instructed by Ormerod Heap & Marshall for the Applicant
Miss A Robinson instructed by the Treasury Solicitor for the Respondent
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