Vanriel, R (On the Application Of) v The Adjudicator's Office & Anor [2023] EWHC 925 (Admin) (28 April 2023)

Vanriel, R (On the Application Of) v The Adjudicator's Office & Anor [2023] EWHC 925 (Admin) (28 April 2023)

The acceptance by the claimant of compensation as 'full and final settlement for my claim' under the Windrush Compensation Scheme is clear and unambiguous, and precludes any further claim, including by way of judicial review, for additional compensation under the Scheme. The Scheme rules and the signed acceptance form both support this finality. There was no misrepresentation, duress, or other vitiating factor. The refusal to make a discretionary award for loss of access to benefits was in accordance with the Scheme, and the claimant is precluded from pursuing further claims.

Citation
[2023] EWHC 925 (Admin)
Parties
Claimant: Vernon Vanriel; First Defendant: The Adjudicator's Office; Second Defendant: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
28 April 2023
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Windrush Compensation Scheme, Settlement Agreements, Judicial Review, Interpretation of Compensation Schemes, Finality of Settlement, Public Law Standing
Administrative Law Public Law Compensation Law Windrush Compensation Scheme Settlement Agreements Judicial Review Interpretation of Compensation Schemes Finality of Settlement +1 more

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Parties

Vernon Vanriel

Claimant

The Adjudicator's Office

First Defendant

The Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether acceptance of compensation as 'full and final settlement' under the Windrush Compensation Scheme precludes further judicial review claims for additional compensation
  2. 2 Whether the refusal to make a discretionary award for loss of access to benefits was based on a misconstruction of the Scheme
  3. 3 Whether refusal of an award for loss of access to benefits breached Article 14 and Article 1 of Protocol 1 ECHR

Ratio Decidendi

The acceptance by the claimant of compensation as 'full and final settlement for my claim' under the Windrush Compensation Scheme is clear and unambiguous, and precludes any further claim, including by way of judicial review, for additional compensation under the Scheme. The Scheme rules and the signed acceptance form both support this finality. There was no misrepresentation, duress, or other vitiating factor. The refusal to make a discretionary award for loss of access to benefits was in accordance with the Scheme, and the claimant is precluded from pursuing further claims.

Court Disposition

Claim dismissed

Orders

  • The claim for judicial review is dismissed.
  • No further compensation is payable to the claimant under the Windrush Compensation Scheme.