Criminal Injuries Compensation Authority v Criminal Injuries Compensation Appeals Panel & Anor

Criminal Injuries Compensation Authority v Criminal Injuries Compensation Appeals Panel & Anor

The only rational conclusion on the evidence was that Mrs Lamb's current psychiatric condition (PTSD) was caused by the assault, constituted a material change since the original award, and that injustice would occur if the original assessment stood. The Adjudicator's contrary finding was perverse. There was no need for further extensive enquiries on the evidence presented.

Parties
Appellant: Criminal Injuries Compensation Authority; First Respondent: Criminal Injuries Compensation Appeals Panel (now First-Tier Tribunal (Criminal Injuries Compensation)); Second Respondent: Irene Lamb
Jurisdiction
England and Wales
Judgment Date
14 December 2010
Procedural Posture
Civil Appeal / Appeal From Upper Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Judicial Review, Re Opening of Compensation Claims, Material Change in Medical Condition, Compensation for Psychiatric Injury
Administrative Law Personal Injury Judicial Review Re Opening of Compensation Claims Material Change in Medical Condition Compensation for Psychiatric Injury

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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Criminal Injuries Compensation Authority

Appellant

Criminal Injuries Compensation Appeals Panel (now First-Tier Tribunal (Criminal Injuries Compensation))

First Respondent

Irene Lamb

Second Respondent

Procedural Posture

Civil Appeal / Appeal From Upper Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Upper Tribunal judge was correct to quash the decision of the Adjudicator refusing to re-open Mrs Lamb's claim for psychiatric injury under the Criminal Injuries Compensation Scheme
  2. 2 Whether there was a material change in Mrs Lamb's psychiatric condition since the original award
  3. 3 Whether further extensive enquiries were required under the Scheme

Ratio Decidendi

The only rational conclusion on the evidence was that Mrs Lamb's current psychiatric condition (PTSD) was caused by the assault, constituted a material change since the original award, and that injustice would occur if the original assessment stood. The Adjudicator's contrary finding was perverse. There was no need for further extensive enquiries on the evidence presented.

Court Disposition

appeal dismissed

Orders

  • The decision of the Upper Tribunal quashing the Adjudicator's refusal to re-open Mrs Lamb's claim for psychiatric injury is upheld.
  • The appellant's case is to be re-opened and considered by the Criminal Injuries Compensation Authority.