Case Summary

The Queen on the Application of L v First-tier Tribunal Criminal Injuries Criminal Injuries Compensation Appeals Panel

Citation 2009  UKUT   AAC  JR/1682/2009
Decision Date 21/09/2009
Case Name The Queen on the Application of L v First-tier Tribunal Criminal Injuries Criminal Injuries Compensation Appeals Panel
Scheme 2001 Scheme
Paragraph Number P8 (c), 13(a), 13(d)
Keywords Criminal Injuries Compensation Scheme 2001 – Paragraphs 8(c), 13(a), 13(d), Failure to report, preliminary issue, crime of violence.
Headnote Summary of decision. The Appellant made an application for compensation alleging that she had been bitten by a dog which had been deliberately set on her by her son. On appeal to the Tribunal the Tribunal accepted that she had suffered an injury which was sufficiently serious to qualify for an award under the 2001 scheme but decided as a preliminary issue under paragraph 13 (a) to withhold an award on the basis of late reporting to the police of the circumstances surrounding the incident. The Appellant sought permission from the Upper Tribunal to apply for Judicial Review. Held, dismissing the application that although the Tribunal had been entitled to dismiss the appeal under paragraph 13(a) it might have been more appropriate to consider weather the Appellant was the victim of a crime of violence especially when as was the case here that all the necessary information was before the Tribunal. On the facts of this case the Tribunal would have been justified in withholding an award under paragraph 13(d) having relied upon a letter which she had written which purported to be a false confession from her son.
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