ZX, R (on the application of) v Criminal Injuries Compensation Authority & Anor

ZX, R (on the application of) v Criminal Injuries Compensation Authority & Anor

The Scheme's exclusion of family members who provided gratuitous care to victims who died as a result of violent crime from special expenses awards is not discriminatory or irrational. The distinctions drawn by the Scheme are objectively justified, proportionate, and within Parliament's margin of appreciation. The Claimant's situation is not analogous to her comparators, and the Scheme pursues legitimate aims in a proportionate manner. The claim for judicial review is dismissed.

Parties
Claimant: THE KING on the application of ZX; First Defendant: CRIMINAL INJURIES COMPENSATION AUTHORITY; Second Defendant: SECRETARY OF STATE FOR JUSTICE
Jurisdiction
England and Wales
Judgment Date
07 March 2024
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review, Discrimination, Criminal Injuries Compensation, Article 14 ECHR, Article 1 Protocol 1 ECHR, Irrationality, Social Welfare Law
Public Law Human Rights Law Administrative Law Judicial Review Discrimination Criminal Injuries Compensation Article 14 ECHR Article 1 Protocol 1 ECHR +2 more

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Parties

THE KING on the application of ZX

Claimant

CRIMINAL INJURIES COMPENSATION AUTHORITY

First Defendant

SECRETARY OF STATE FOR JUSTICE

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Criminal Injuries Compensation Scheme 2012 unlawfully discriminates against family members who provided gratuitous care to victims of violent crime who died as a result of the crime, contrary to Article 14 ECHR read with Article 1 Protocol 1 ECHR and at common law.
  2. 2 Whether the Scheme is irrational in excluding such family members from special expenses awards.

Ratio Decidendi

The Scheme's exclusion of family members who provided gratuitous care to victims who died as a result of violent crime from special expenses awards is not discriminatory or irrational. The distinctions drawn by the Scheme are objectively justified, proportionate, and within Parliament's margin of appreciation. The Claimant's situation is not analogous to her comparators, and the Scheme pursues legitimate aims in a proportionate manner. The claim for judicial review is dismissed.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.