LXR, R (On the Application Of) v First Tier Tribunal (Social Entitlement Chamber) [2025] EWCA Civ 1608 (12 December 2025)

LXR, R (On the Application Of) v First Tier Tribunal (Social Entitlement Chamber) [2025] EWCA Civ 1608 (12 December 2025)

A change in a claimant's understanding of the cause of their mental injury, even if clinically significant, does not constitute a 'material change in medical condition' for the purposes of para 115(b) of the Criminal Injuries Compensation Scheme 2012. The First-tier Tribunal's factual finding that there was no material change in LXR's medical condition was within its remit and disclosed no error of law. The Upper Tribunal erred in interfering with that finding. There was insufficient evidence to establish that the Scheme's provisions disproportionately affect victims of mental injury so as to breach Article 14 ECHR.

Citation
[2025] EWCA Civ 1608
Parties
Claimant/first Respondent: LXR; Second Respondent: First Tier Tribunal (Social Entitlement Chamber); First Interested Party/appellant: Criminal Injuries Compensation Authority; Second Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
12 December 2025
Procedural Posture
Judicial Review/statutory Appeal / Court of Appeal (civil Division) Appeal From Upper Tribunal
Outcome
Appeal allowed; decision of the Upper Tribunal set aside; decision of the First-tier Tribunal restored.
Legal Topics
Criminal Injuries Compensation Scheme, Re Opening of Compensation Awards, Material Change in Medical Condition, Interpretation of Statutory Schemes, Article 14 ECHR (discrimination)
Administrative Law Compensation Law Human Rights Criminal Injuries Compensation Scheme Re Opening of Compensation Awards Material Change in Medical Condition Interpretation of Statutory Schemes Article 14 ECHR (discrimination)

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Parties

LXR

Claimant/first Respondent

First Tier Tribunal (Social Entitlement Chamber)

Second Respondent

Criminal Injuries Compensation Authority

First Interested Party/appellant

Secretary of State for Justice

Second Interested Party

Procedural Posture

Judicial Review/statutory Appeal / Court of Appeal (civil Division) Appeal From Upper Tribunal

Legal Issues

  1. 1 Whether a change in a victim's understanding of the cause of a mental injury can constitute a 'material change in medical condition' under para 115(b) of the Criminal Injuries Compensation Scheme 2012, permitting re-opening of an award.
  2. 2 Whether the Upper Tribunal erred in law in quashing the First-tier Tribunal's decision on grounds not advanced by the claimant.
  3. 3 Whether the interpretation of the Scheme is incompatible with Article 14 ECHR (prohibition of discrimination).

Ratio Decidendi

A change in a claimant's understanding of the cause of their mental injury, even if clinically significant, does not constitute a 'material change in medical condition' for the purposes of para 115(b) of the Criminal Injuries Compensation Scheme 2012. The First-tier Tribunal's factual finding that there was no material change in LXR's medical condition was within its remit and disclosed no error of law. The Upper Tribunal erred in interfering with that finding. There was insufficient evidence to establish that the Scheme's provisions disproportionately affect victims of mental injury so as to breach Article 14 ECHR.

Court Disposition

Appeal allowed; decision of the Upper Tribunal set aside; decision of the First-tier Tribunal restored.

Orders

  • The order of the Upper Tribunal quashing the FTT's decision is set aside.
  • The decision of the First-tier Tribunal dismissing LXR's appeal is restored.