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

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

On proper construction of paragraphs 31, 45, and 47 of the scheme, the claimant was entitled to his award without deduction for pension and benefits received or expected after his fifty-fifth birthday, as the period of loss ended at that age and no further loss of earnings or pension was suffered.

Parties
Claimant: Roger Geoffrey Vick; Defendant: Criminal Injuries Compensation Appeals Panel
Jurisdiction
England and Wales
Judgment Date
24 June 2005
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Panel's decision quashed; permission to appeal granted
Legal Topics
Judicial Review of Compensation Panel, Interpretation of Compensation Scheme, Deduction of Benefits and Pensions
Administrative Law Compensation Law Judicial Review of Compensation Panel Interpretation of Compensation Scheme Deduction of Benefits and Pensions

Case Brief

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Parties

Roger Geoffrey Vick

Claimant

Criminal Injuries Compensation Appeals Panel

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Criminal Injuries Compensation Appeals Panel erred in deducting post-retirement benefits and pensions from the claimant's compensation award
  2. 2 Proper interpretation of paragraphs 31, 32, 45, and 47 of the Criminal Injuries Compensation Scheme

Ratio Decidendi

On proper construction of paragraphs 31, 45, and 47 of the scheme, the claimant was entitled to his award without deduction for pension and benefits received or expected after his fifty-fifth birthday, as the period of loss ended at that age and no further loss of earnings or pension was suffered.

Court Disposition

Panel's decision quashed; permission to appeal granted

Orders

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