Mohammed, R (on the application of) v Criminal Injuries Compensation Appeal Panel [2008] EWHC 1733 (Admin) (13 June 2008)
The Appeals Panel was entitled to find that the deceased's conduct was culpable and calculated to provoke violence, justifying refusal of any award under the scheme. The Panel gave adequate reasons for its decision, which was not irrational or plainly wrong.
Source-derived case information.
- Citation
- [2008] EWHC 1733 (Admin)
- Parties
- Claimant: Mohammed; Defendant: Criminal Injuries Compensation Appeal Panel
- Jurisdiction
- England and Wales
- Judgment Date
- 13 June 2008
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Criminal Injuries Compensation, Judicial Review, Standard of Proof, Conduct of Victim, Reasons for Decision
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammed
Claimant
Criminal Injuries Compensation Appeal Panel
Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Appeals Panel's refusal to make an award under the Criminal Injuries Compensation Scheme 2001 was rational and adequately reasoned
- 2 Whether the Panel's reasons for refusing compensation were sufficient under the applicable legal standard
Ratio Decidendi
The Appeals Panel was entitled to find that the deceased's conduct was culpable and calculated to provoke violence, justifying refusal of any award under the scheme. The Panel gave adequate reasons for its decision, which was not irrational or plainly wrong.
Court Disposition
Claim dismissed
Orders
- Claim for judicial review refused
- Application for permission to appeal refused
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