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

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

The merits of the claimant's arguments are insufficient to meet the criteria for granting permission to appeal; the matter is left for the Court of Appeal to decide if they take a different view.

Parties
Claimant: M; Defendant: Criminal Injuries Compensation Appeals Panel
Jurisdiction
England and Wales
Judgment Date
20 December 2004
Procedural Posture
Judicial Review / Supplementary Judgment on Application for Permission to Appeal
Outcome
Permission to appeal refused by High Court; extension of time to lodge appeal granted; detailed assessment ordered.
Legal Topics
Judicial Review, Human Rights Act, Permission to Appeal
Administrative Law Human Rights Judicial Review Human Rights Act Permission to Appeal

Case Brief

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Parties

M

Claimant

Criminal Injuries Compensation Appeals Panel

Defendant

Procedural Posture

Judicial Review / Supplementary Judgment on Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted on Human Rights Act grounds after the Smillie decision
  2. 2 Whether the merits of the claimant's arguments justify permission to appeal

Ratio Decidendi

The merits of the claimant's arguments are insufficient to meet the criteria for granting permission to appeal; the matter is left for the Court of Appeal to decide if they take a different view.

Court Disposition

Permission to appeal refused by High Court; extension of time to lodge appeal granted; detailed assessment ordered.

Orders

  • Extension of period for lodging appeal to 28 days granted
  • Detailed assessment as previously ordered