O'Brien & Ors, R (on the application of) v Independent Assessor

O'Brien & Ors, R (on the application of) v Independent Assessor

The independent assessor must apply principles analogous to those governing the assessment of damages for civil wrongs, including providing a breakdown of non-pecuniary loss and not deducting saved living expenses from loss of earnings. Deductions for criminal records are permissible for non-pecuniary loss. The approach to interest on pecuniary losses may depart from Jefford v. Gee if justified. Costs for financial advice and third-party counselling are not recoverable under the scheme.

Parties
Claimant: Michael O’Brien; Claimant: Vincent Hickey; Claimant: Michael Hickey; Defendant: Independent Assessor
Jurisdiction
England and Wales
Judgment Date
16 April 2003
Procedural Posture
Judicial Review / Judgment
Outcome
Partially allowed
Legal Topics
Miscarriage of Justice, Statutory Compensation, Assessment of Damages, Judicial Review, Deduction for Criminality, Interest on Damages, Aggravated Damages, Non Pecuniary Loss, Saved Living Expenses
Criminal Law Administrative Law Compensation Law Miscarriage of Justice Statutory Compensation Assessment of Damages Judicial Review Deduction for Criminality +4 more

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Parties

Michael O’Brien

Claimant

Vincent Hickey

Claimant

Michael Hickey

Claimant

Independent Assessor

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 What principles govern the assessment of compensation under section 133 of the Criminal Justice Act 1988?
  2. 2 Is the independent assessor required to provide a breakdown of non-pecuniary loss?
  3. 3 Should deductions be made for saved living expenses and criminal records?

Ratio Decidendi

The independent assessor must apply principles analogous to those governing the assessment of damages for civil wrongs, including providing a breakdown of non-pecuniary loss and not deducting saved living expenses from loss of earnings. Deductions for criminal records are permissible for non-pecuniary loss. The approach to interest on pecuniary losses may depart from Jefford v. Gee if justified. Costs for financial advice and third-party counselling are not recoverable under the scheme.

Court Disposition

Partially allowed

Orders

  • The decisions relating to saved living expenses are quashed for all three claimants.
  • The failure to provide a breakdown of non-pecuniary loss is quashed; the assessor must provide itemisation.