AXO, R (on the application of) v First-Tier Tribunal (Social Entitlement Chamber) [2024] EWCA Civ 226 (11 March 2024)

AXO, R (on the application of) v First-Tier Tribunal (Social Entitlement Chamber) [2024] EWCA Civ 226 (11 March 2024)

The right of recoupment under paragraph 49(1) of the 2008 Scheme is limited to avoiding double recovery; CICA cannot demand repayment of HRA damages unless they duplicate compensation already paid. The Upper Tribunal erred in law by construing paragraph 49(1) as permitting recoupment beyond double recovery. The £10,000 HRA damages for breach of Article 2 do not duplicate the CICA compensation and are not amenable to recoupment.

Citation
[2024] EWCA Civ 226
Parties
Claimant/appellant: AXO, a child, by her litigation friend JXO; Defendant/respondent: First-tier Tribunal (Social Entitlement Chamber); Interested Party: Criminal Injuries Compensation Authority
Jurisdiction
England and Wales
Judgment Date
11 March 2024
Procedural Posture
Appeal / Court of Appeal Judgment Following Upper Tribunal Judicial Review
Outcome
Appeal allowed
Legal Topics
Criminal Injuries Compensation, Double Recovery, Human Rights Act 1998, European Convention on Human Rights, Interpretation of Statutory Schemes
Public Law Human Rights Compensation Law Criminal Injuries Compensation Double Recovery Human Rights Act 1998 European Convention on Human Rights Interpretation of Statutory Schemes

Case Brief

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Parties

AXO, a child, by her litigation friend JXO

Claimant/appellant

First-tier Tribunal (Social Entitlement Chamber)

Defendant/respondent

Criminal Injuries Compensation Authority

Interested Party

Procedural Posture

Appeal / Court of Appeal Judgment Following Upper Tribunal Judicial Review

Legal Issues

  1. 1 Whether CICA is entitled to recoup HRA damages paid in settlement of Article 2 ECHR claim under paragraph 49(1) of the 2008 Criminal Injuries Compensation Scheme
  2. 2 Interpretation of 'in respect of the same injury' in the statutory scheme
  3. 3 Application of double recovery principle

Ratio Decidendi

The right of recoupment under paragraph 49(1) of the 2008 Scheme is limited to avoiding double recovery; CICA cannot demand repayment of HRA damages unless they duplicate compensation already paid. The Upper Tribunal erred in law by construing paragraph 49(1) as permitting recoupment beyond double recovery. The £10,000 HRA damages for breach of Article 2 do not duplicate the CICA compensation and are not amenable to recoupment.

Court Disposition

Appeal allowed

Orders

  • Upper Tribunal's decision set aside insofar as it related to the £10,000 HRA damages for Article 2 claim
  • CICA not entitled to recoup the £10,000 HRA damages