B, R (on the application of) v Criminal Injuries Compensation Appeals Panel

B, R (on the application of) v Criminal Injuries Compensation Appeals Panel

Under the 1990 Criminal Injuries Compensation Scheme, the burden of proof does not lie on the applicant to disprove the adequacy of local authority provision for care and accommodation; the Appeals Panel erred in law by deferring final assessment on this basis. Compensation must be assessed in line with common law principles unless expressly modified by the Scheme.

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 / Judgment
Outcome
Application allowed; decision quashed; remitted for rehearing.
Legal Topics
Burden of Proof, Assessment of Compensation, Criminal Injuries Compensation Scheme, Local Authority Provision, Interim Payments
Administrative Law Personal Injury Law Burden of Proof Assessment of Compensation Criminal Injuries Compensation Scheme Local Authority Provision Interim Payments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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 / Judgment

Legal Issues

  1. 1 Whether the burden of proof lies on the applicant to show that no local authority provision will be made for care and accommodation under the 1990 Criminal Injuries Compensation Scheme
  2. 2 Whether the Appeals Panel's decision to defer final assessment until the applicant reached 19 was lawful, rational, and adequately reasoned

Ratio Decidendi

Under the 1990 Criminal Injuries Compensation Scheme, the burden of proof does not lie on the applicant to disprove the adequacy of local authority provision for care and accommodation; the Appeals Panel erred in law by deferring final assessment on this basis. Compensation must be assessed in line with common law principles unless expressly modified by the Scheme.

Court Disposition

Application allowed; decision quashed; remitted for rehearing.

Orders

  • The decision of 7th June 2005 is quashed.
  • The assessment of damages is remitted to a differently constituted Appeal Panel.