|
Headnote |
Summary of decision
There was no error of law in deducting the full value of any present or future entitlement to United Kingdom social security benefits under paragraph 19(a) of the 1979 Scheme from the general damages that would have been awarded to an applicant who was the victim of stab wounds received whilst acting in the course of her employment. The Criminal Injuries Compensation Board had no discretion but to apply the appropriate deductions pursuant to the Scheme.
Facts
In July 1987, Mrs Lazzari (‘L’) was attacked by an intruder whilst working as a hotel receptionist. She sustained serious injuries including multiple stab wounds. The intruder pleaded guilty to an offence of wounding with intent and was sentenced to six years’ imprisonment. L applied for compensation to Criminal Injuries Compensation Board (‘the Board’) under the 1979 scheme (‘the 1979 Scheme’) and also applied for disablement benefit under the Social Security Act 1975. L was assessed as 34 percent disabled, including 3 percent for anxiety, and was awarded a sum of £21.36 a week for life. At an oral hearing, the panel members decided that general damages would have been £17,500 but reduced the award under paragraph 19(a) of the 1979 Scheme “by the full value of any present or future entitlement to United Kingdom social security benefits”. Applying a multiplier of 14, the Board assessed the appropriate deduction in the sum of £18,756. As L had received an interim payment of £5,000, a nil award of compensation was made. L brought judicial review proceedings to quash the decision of the Board.
Held, refusing the application:
(1) The 1979 Scheme did not confer upon the panel members a discretion to interpret the rules in any other way.
(2) There was no error of law in the Board’s reasoning.
Parts of the scheme and other legislation referred to in judgment:
Criminal Injuries Compensation Scheme 1979, paragraph 19(a)
Social Security Act 1975, section 57
Offences against the Person Act 1861, section 18
Cases referred to in judgment:
None
Representation:
J Wigoder, instructed by Kennth Cooke & Co, Walsall, for L.
M Kent, instructed by the Treasury Solicitor, for the Board.
|