Riley, R (on the application of) v Criminal Injuries Compensation Appeal Panel

Riley, R (on the application of) v Criminal Injuries Compensation Appeal Panel

The claimant had a reasonable excuse for non-attendance and should have been granted a postponement; refusal to do so may have resulted in injustice. The matter is remitted for rehearing before a differently constituted panel.

Source-derived case information.

Parties
Claimant: Hendred St James Riley; Defendant: Criminal Injuries Compensation Appeal Panel
Jurisdiction
England and Wales
Judgment Date
16 July 2008
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Remitted for rehearing
Legal Topics
Judicial Review, Natural Justice, Procedural Fairness, Criminal Injuries Compensation
Administrative Law Compensation Law Judicial Review Natural Justice Procedural Fairness Criminal Injuries Compensation

Source-derived case record

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Parties

Hendred St James Riley

Claimant

Criminal Injuries Compensation Appeal Panel

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the refusal to rehear the claimant's appeal was irrational or perverse
  2. 2 Whether there was a breach of natural justice in refusing a postponement and rehearing

Ratio Decidendi

The claimant had a reasonable excuse for non-attendance and should have been granted a postponement; refusal to do so may have resulted in injustice. The matter is remitted for rehearing before a differently constituted panel.

Court Disposition

Remitted for rehearing

Orders

  • The appeal is to be reheard by a differently constituted panel.
  • Order as to claimant's publicly funded costs.