Vick, R (on the application of) v Criminal Injuries Compensation Appeals Panel [2005] EWHC 1575 (Admin) (24 June 2005)

On proper construction of paragraphs 31, 45, and 47 of the Criminal Injuries Compensation Scheme, deductions for pension and benefits are limited to the period of loss of earnings, ending at age 55; no deduction is to be made for amounts received after that period.

Citation: [2005] EWHC 1575 (Admin)
Parties: Claimant: Roger Geoffrey Vick; Defendant: Criminal Injuries Compensation Appeals Panel
Jurisdiction: England and Wales
Judgment Date: 24 June 2005
Procedural Posture: Judicial Review / Final Judgment With Permission to Appeal Granted
Outcome: Panel's decision quashed; permission to appeal granted.
Legal Topics: Criminal Injuries Compensation Scheme, Loss of Earnings, Pension Deductions, Statutory Interpretation

Administrative Law Compensation Law Criminal Injuries Compensation Scheme Loss of Earnings Pension Deductions Statutory Interpretation

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Parties

Roger Geoffrey Vick

Claimant

Criminal Injuries Compensation Appeals Panel

Defendant

Procedural Posture

Judicial Review / Final Judgment With Permission to Appeal Granted

Legal Issues

1 Whether benefits and pensions payable after the period of loss should be deducted from compensation under the Criminal Injuries Compensation Scheme
2 Proper construction of paragraphs 31, 32, 45, and 47 of the Scheme

Ratio Decidendi

Court Disposition

Panel's decision quashed; permission to appeal granted.

Orders

Panel's decision quashed.
Declaration that proper award should be £42,715, subject to representations within seven days.