Garg, R (on the application of) v Criminal Injuries Compensation Authority
The panel's approach to the assessment of past and future loss, including pension loss, was reasonable and based on the evidence before it. Even if there was an error regarding the pension scheme, it did not result in real injustice warranting judicial review.
- Parties
- Appellant: Dr Ravindra Garg; Respondent: Criminal Injuries Compensation Authority
- Jurisdiction
- England and Wales
- Judgment Date
- 05 July 2007
- Procedural Posture
- Judicial Review / Appeal From Refusal of Renewed Application for Judicial Review
- Outcome
- Appeal dismissed
- Legal Topics
- Judicial Review, Compensation Assessment, Loss of Earnings, Pension Calculation
Case Brief
Summary, issues, holding and outcome
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Parties
Dr Ravindra Garg
Appellant
Criminal Injuries Compensation Authority
Respondent
Procedural Posture
Judicial Review / Appeal From Refusal of Renewed Application for Judicial Review
Legal Issues
- 1 Whether the panel's approach to quantification of Dr Garg's earnings as a locum psychiatrist lacked evidential foundation
- 2 Whether the approach to quantification of future loss after the hearing date was perverse
- 3 Whether the pension loss calculation was perverse
Ratio Decidendi
The panel's approach to the assessment of past and future loss, including pension loss, was reasonable and based on the evidence before it. Even if there was an error regarding the pension scheme, it did not result in real injustice warranting judicial review.
Court Disposition
Appeal dismissed
Orders
- Applications under grounds 1 and 2 refused
- Appeal on ground 3 dismissed
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