AXO, R (on the application of) v First-Tier Tribunal (Social Entitlement Chamber)

AXO, R (on the application of) v First-Tier Tribunal (Social Entitlement Chamber)

CICA may only reclaim previously paid compensation under paragraph 49(1) of the 2008 Scheme where there would otherwise be double recovery. In this case, the HRA damages for breach of Article 2 ECHR overlap with the CICA bereavement award (both compensate for grief and mental suffering), but do not overlap with the award for loss of parental services. Therefore, CICA is entitled to recoup only the amount of the bereavement award (£5,500) from the HRA damages, not the sum for loss of parental services.

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
26 July 2024
Procedural Posture
Appeal (judicial Review) / Court of Appeal Judgment on Appeal From Upper Tribunal
Outcome
Appeal allowed in part
Legal Topics
Criminal Injuries Compensation, Double Recovery, Article 2 ECHR, Bereavement Damages, Human Rights Act Damages, Interpretation of Statutory Schemes
Public Law Human Rights Law Compensation Law Criminal Injuries Compensation Double Recovery Article 2 ECHR Bereavement Damages Human Rights Act Damages +1 more

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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 (judicial Review) / Court of Appeal Judgment on Appeal From Upper Tribunal

Legal Issues

  1. 1 Whether CICA is entitled to recoup HRA damages paid for breach of Article 2 ECHR as 'in respect of the same injury' under paragraph 49(1) of the 2008 Scheme
  2. 2 Whether the statutory scheme permits recoupment in the absence of double recovery
  3. 3 Whether the Upper Tribunal erred in its construction of the statutory scheme

Ratio Decidendi

CICA may only reclaim previously paid compensation under paragraph 49(1) of the 2008 Scheme where there would otherwise be double recovery. In this case, the HRA damages for breach of Article 2 ECHR overlap with the CICA bereavement award (both compensate for grief and mental suffering), but do not overlap with the award for loss of parental services. Therefore, CICA is entitled to recoup only the amount of the bereavement award (£5,500) from the HRA damages, not the sum for loss of parental services.

Court Disposition

Appeal allowed in part

Orders

  • Upper Tribunal's decision set aside to the extent it permitted CICA to recoup more than the bereavement award.
  • CICA entitled to demand repayment of £5,500 (bereavement award) from HRA damages.