Hickey & Ors v Independent Assessor

Hickey & Ors v Independent Assessor

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 of treatment in awards. The Independent Assessor was also granted extended permission to appeal on the breakdown of awards and the treatment of aggravated compensation.

Parties
Claimants/appellants: Michael Hickey & Others; Defendant/respondent: The Independent Assessor
Jurisdiction
England and Wales
Judgment Date
25 February 2004
Procedural Posture
Judicial Review / Permission to Appeal (renewed Applications)
Outcome
Permission to appeal granted to both parties on specified grounds.
Legal Topics
Compensation for Wrongful Conviction, Assessment of Damages, Statutory Interpretation, Equality of Treatment in Awards
Criminal Law Compensation Law Judicial Review Compensation for Wrongful Conviction Assessment of Damages Statutory Interpretation Equality of Treatment in Awards

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Parties

Michael Hickey & Others

Claimants/appellants

The Independent Assessor

Defendant/respondent

Procedural Posture

Judicial Review / Permission to Appeal (renewed Applications)

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 statutory language 'or similar damage' restricts deductions to certain categories of non-pecuniary loss
  3. 3 Whether there was inconsistency and inequality of treatment in the awards for 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 of treatment in awards. The Independent Assessor was also granted extended permission to appeal on the breakdown of awards and the treatment of aggravated compensation.

Court Disposition

Permission to appeal granted to both parties on specified grounds.

Orders

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