Hickey & Ors v Independent Assessor [2004] EWCA Civ 340 (25 February 2004)

Hickey & Ors v Independent Assessor [2004] EWCA Civ 340 (25 February 2004)

Permission to appeal was granted as the construction of section 133(4A) and the scope of deductions from non-pecuniary loss were sufficiently arguable, as was the issue of consistency and equality in awards. Permission for the Independent Assessor to appeal on the breakdown of awards and aggravated damages was also extended as the arguments were sufficiently arguable.

Citation
[2004] EWCA Civ 340
Parties
Claimants/appellants: Michael Hickey & Others; Defendant/respondent: The Independent Assessor
Jurisdiction
England and Wales
Judgment Date
25 February 2004
Procedural Posture
Judicial Review / Renewed Applications for Permission to Appeal
Outcome
Permission to appeal granted to both parties on specified grounds.
Legal Topics
Compensation for Miscarriage of Justice, Assessment of Damages, Judicial Review, Equality of Treatment
Criminal Law Administrative Law Compensation for Miscarriage of Justice Assessment of Damages Judicial Review Equality of Treatment

Case Brief

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Parties

Michael Hickey & Others

Claimants/appellants

The Independent Assessor

Defendant/respondent

Procedural Posture

Judicial Review / Renewed Applications for Permission to Appeal

Legal Issues

  1. 1 Whether deductions from non-pecuniary loss awards under section 133(4A) Criminal Justice Act 1988 can be made for other convictions
  2. 2 Whether the Independent Assessor was obliged to break down awards into more categories
  3. 3 Whether there was inconsistency and inequality in the awards of aggravated damages

Ratio Decidendi

Permission to appeal was granted as the construction of section 133(4A) and the scope of deductions from non-pecuniary loss were sufficiently arguable, as was the issue of consistency and equality in awards. Permission for the Independent Assessor to appeal on the breakdown of awards and aggravated damages was also extended as the arguments were sufficiently arguable.

Court Disposition

Permission to appeal granted to both parties on specified grounds.

Orders

  • Application allowed.
  • Hearing set for 16th March.