Criminal Injuries Compensation Authority v Hutton & Ors

Criminal Injuries Compensation Authority v Hutton & Ors

The Upper Tribunal erred in law by interfering with the First Tier Tribunal's findings of fact and merits-based assessment regarding the refusal to waive the time limit for claims under the Scheme. The First Tier Tribunal's decision was within its jurisdiction, contained no material error of law or procedural unfairness, and was entitled to reach its conclusions on delay, eligibility, and the effect of the deceased's conduct. The Upper Tribunal's decision is quashed and the First Tier Tribunal's decision is reinstated.

Parties
Appellant: Criminal Injuries Compensation Authority; Respondent: Vincent Hutton; Respondent: Fiona Hutton; Respondent: Yvonne Akers; Interested Party: First Tier Tribunal (Criminal Injuries Compensation)
Jurisdiction
England and Wales
Judgment Date
20 December 2016
Procedural Posture
Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal From Upper Tribunal
Outcome
Appeal allowed; Upper Tribunal decision quashed; First Tier Tribunal decision reinstated.
Legal Topics
Judicial Review, Time Limits for Claims, Criminal Injuries Compensation, Procedural Fairness, Dependency and Conventional Awards
Administrative Law Compensation Law Judicial Review Time Limits for Claims Criminal Injuries Compensation Procedural Fairness Dependency and Conventional Awards

Case Brief

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Parties

Criminal Injuries Compensation Authority

Appellant

Vincent Hutton

Respondent

Fiona Hutton

Respondent

Yvonne Akers

Respondent

First Tier Tribunal (Criminal Injuries Compensation)

Interested Party

Procedural Posture

Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal From Upper Tribunal

Legal Issues

  1. 1 Whether the Upper Tribunal erred in quashing the First Tier Tribunal's refusal to waive the time limit for claims under the Criminal Injuries Compensation Scheme 2001
  2. 2 Whether the First Tier Tribunal's findings on delay, eligibility, and deceased's conduct were vitiated by error of law or procedural unfairness
  3. 3 Whether conventional awards should have been considered separately from dependency claims

Ratio Decidendi

The Upper Tribunal erred in law by interfering with the First Tier Tribunal's findings of fact and merits-based assessment regarding the refusal to waive the time limit for claims under the Scheme. The First Tier Tribunal's decision was within its jurisdiction, contained no material error of law or procedural unfairness, and was entitled to reach its conclusions on delay, eligibility, and the effect of the deceased's conduct. The Upper Tribunal's decision is quashed and the First Tier Tribunal's decision is reinstated.

Court Disposition

Appeal allowed; Upper Tribunal decision quashed; First Tier Tribunal decision reinstated.

Orders

  • Upper Tribunal decision quashed
  • First Tier Tribunal decision refusing to waive time limit reinstated