RS v Criminal Injuries Compensation Authority
The Upper Tribunal adopted too broad an approach to paragraph 9(b)(ii); compensation for secondary victims is limited to those present at the occasion of injury or closely involved in its immediate aftermath, not later consequences. The FTT did not err in law regarding 'immediate aftermath.'
- Parties
- Respondent: RS; Applicant: Criminal Injuries Compensation Authority
- Jurisdiction
- England and Wales
- Judgment Date
- 13 June 2013
- Procedural Posture
- Appeal / Court of Appeal Judgment on Appeal From Upper Tribunal
- Outcome
- Appeal allowed
- Legal Topics
- Criminal Injuries Compensation Scheme, Secondary Victim Claims, Mental Injury Compensation, Interpretation of 'immediate Aftermath'
Case Brief
Summary, issues, holding and outcome
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Parties
RS
Respondent
Criminal Injuries Compensation Authority
Applicant
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Upper Tribunal
Legal Issues
- 1 Whether the respondent satisfied the condition under paragraph 9(b)(ii) of the Criminal Injuries Compensation Scheme
- 2 Proper interpretation of 'occasion' and 'immediate aftermath' in secondary victim claims
Ratio Decidendi
The Upper Tribunal adopted too broad an approach to paragraph 9(b)(ii); compensation for secondary victims is limited to those present at the occasion of injury or closely involved in its immediate aftermath, not later consequences. The FTT did not err in law regarding 'immediate aftermath.'
Court Disposition
Appeal allowed
Orders
- Case remitted to the First-tier Tribunal for reconsideration by a differently constituted panel
- Appropriate orders to be determined after hearing counsel
Full Case Text
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