R (LH) v The First-tier Tribunal

R (LH) v The First-tier Tribunal

The First-tier Tribunal erred in law by failing to make sufficient findings of fact and by providing inadequate reasons regarding the applicant's eligibility for a loss of earnings award under paragraph 43 of the Criminal Injuries Compensation Scheme 2012. This failure rendered the decision unsustainable and necessitated a quashing order and remittal for re-determination.

Parties
Applicant: LH; Respondent: First-tier Tribunal; Interested Party: Criminal Injuries Compensation Authority
Jurisdiction
England and Wales
Judgment Date
13 February 2026
Procedural Posture
Judicial Review / Upper Tribunal Determination on Judicial Review Application
Outcome
Decision of the First-tier Tribunal quashed; matter remitted for re-determination before a differently constituted panel.
Legal Topics
Criminal Injuries Compensation, Loss of Earnings, Error of Law, Tribunal Procedure
Administrative Law Compensation Law Criminal Injuries Compensation Loss of Earnings Error of Law Tribunal Procedure

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Parties

LH

Applicant

First-tier Tribunal

Respondent

Criminal Injuries Compensation Authority

Interested Party

Procedural Posture

Judicial Review / Upper Tribunal Determination on Judicial Review Application

Legal Issues

  1. 1 Whether the First-tier Tribunal made sufficient findings of fact and gave adequate reasons regarding the applicant's eligibility for a loss of earnings award under paragraph 43 of the Criminal Injuries Compensation Scheme 2012
  2. 2 Whether the First-tier Tribunal's decision was made in error of law

Ratio Decidendi

The First-tier Tribunal erred in law by failing to make sufficient findings of fact and by providing inadequate reasons regarding the applicant's eligibility for a loss of earnings award under paragraph 43 of the Criminal Injuries Compensation Scheme 2012. This failure rendered the decision unsustainable and necessitated a quashing order and remittal for re-determination.

Court Disposition

Decision of the First-tier Tribunal quashed; matter remitted for re-determination before a differently constituted panel.

Orders

  • The First-tier Tribunal must re-determine LH’s appeal against CICA’s review decisions dated 29 August 2023 and 24 July 2023.
  • The tribunal panel that re-determines LH’s appeal must not include any member of the panel whose decision has been quashed.