B, R (on the application of) v Criminal Injuries Compensation Appeals Panel [2007] EWHC 180 (Admin) (14 February 2007)

B, R (on the application of) v Criminal Injuries Compensation Appeals Panel [2007] EWHC 180 (Admin) (14 February 2007)

Under the 1990 Criminal Injuries Compensation Scheme, the burden of proof regarding the adequacy of local authority provision for care and accommodation lies with the defendant, not the applicant. The Panel erred in deferring final assessment on the basis that the applicant had to prove the absence or inadequacy of such provision. The Scheme requires assessment of compensation on the basis of common law damages, and nothing in paragraphs 9, 12, 19, or 25 shifts the burden to the applicant.

Citation
[2007] EWHC 180 (Admin)
Parties
Claimant: The Queen on the application of 'B' who acts by his litigation friend PW; Defendant: Criminal Injuries Compensation Appeals Panel
Jurisdiction
England and Wales
Judgment Date
14 February 2007
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application succeeded; decision quashed.
Legal Topics
Burden of Proof, Assessment of Damages, Criminal Injuries Compensation, Local Authority Provision, Common Law Damages
Administrative Law Personal Injury Compensation Law Burden of Proof Assessment of Damages Criminal Injuries Compensation Local Authority Provision Common Law Damages

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Parties

The Queen on the application of 'B' who acts by his litigation friend PW

Claimant

Criminal Injuries Compensation Appeals Panel

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the applicant to the Criminal Injuries Compensation Authority under the 1990 Scheme bears the burden of proving that no local authority provision will be made available for care and accommodation needs resulting from injuries.
  2. 2 Whether the Criminal Injuries Compensation Appeals Panel lawfully deferred final assessment of compensation pending future local authority assessment.

Ratio Decidendi

Under the 1990 Criminal Injuries Compensation Scheme, the burden of proof regarding the adequacy of local authority provision for care and accommodation lies with the defendant, not the applicant. The Panel erred in deferring final assessment on the basis that the applicant had to prove the absence or inadequacy of such provision. The Scheme requires assessment of compensation on the basis of common law damages, and nothing in paragraphs 9, 12, 19, or 25 shifts the burden to the applicant.

Court Disposition

Application succeeded; decision quashed.

Orders

  • Decision of 7 June 2005 quashed.
  • Claim remitted to a differently constituted Appeal Panel for assessment of damages.