R v Criminal Injuries Compensation Appeals Panel [2002] EWHC 815 (Admin) (2nd May, 2002)

R v Criminal Injuries Compensation Appeals Panel [2002] EWHC 815 (Admin) (2nd May, 2002)

The defendant's use of different multipliers for care costs and benefits was rational and lawful given the statutory criteria and evidence; the assessment of future entitlement to disability living allowance was not flawed, and the deduction approach was justified. No judicially reviewable error was demonstrated.

Citation
[2002] EWHC 815 (Admin)
Parties
Claimant: Linda Anne Soper; Defendant: Criminal Injuries Compensation Appeals Panel
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Final Judgment, Post Hearing, Permission to Appeal Refused
Outcome
Claim dismissed
Legal Topics
Deduction of Benefits From Compensation, Assessment of Multipliers, Judicial Review Grounds, Future Entitlement to Disability Living Allowance
Administrative Law Personal Injury Social Security Deduction of Benefits From Compensation Assessment of Multipliers Judicial Review Grounds Future Entitlement to Disability Living Allowance

Case Brief

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Parties

Linda Anne Soper

Claimant

Criminal Injuries Compensation Appeals Panel

Defendant

Procedural Posture

Judicial Review / Final Judgment, Post Hearing, Permission to Appeal Refused

Legal Issues

  1. 1 Whether the defendant erred in law or acted irrationally in adopting different multipliers for future care costs and future receipt of care-related benefits
  2. 2 Whether the defendant's assessment of the claimant's likelihood of receiving benefits in future was flawed
  3. 3 Whether the correct legal test for deduction of benefits is the percentage prospects test or balance of probabilities

Ratio Decidendi

The defendant's use of different multipliers for care costs and benefits was rational and lawful given the statutory criteria and evidence; the assessment of future entitlement to disability living allowance was not flawed, and the deduction approach was justified. No judicially reviewable error was demonstrated.

Court Disposition

Claim dismissed

Orders

  • Application dismissed
  • Order for costs in appropriate form, not to be enforced save pursuant to the Access to Justice Act