QA Mongson v First Tier Tribunal (Social Entitlement Chamber) & Anor

QA Mongson v First Tier Tribunal (Social Entitlement Chamber) & Anor

Once an applicant accepts a final award under the Criminal Injuries Compensation Scheme, the application is disposed of and the First Tier Tribunal lacks jurisdiction to entertain an appeal; thus, the FTT's decision to strike out the appeal was correct and the Upper Tribunal erred in quashing that decision.

Parties
Applicant: QA Mongson; Respondent: First Tier Tribunal (Social Entitlement Chamber) and Another
Jurisdiction
England and Wales
Judgment Date
08 March 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; Upper Tribunal's decision quashed; FTT's strike out restored.
Legal Topics
Criminal Injuries Compensation Scheme, Finality of Awards, Jurisdiction of Tribunals, Right to Oral Hearing
Administrative Law Compensation Law Criminal Injuries Compensation Scheme Finality of Awards Jurisdiction of Tribunals Right to Oral Hearing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

QA Mongson

Applicant

First Tier Tribunal (Social Entitlement Chamber) and Another

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether acceptance of a compensation award under the Criminal Injuries Compensation Scheme precludes subsequent appeal to the First Tier Tribunal
  2. 2 Whether the First Tier Tribunal had jurisdiction to hear an appeal after acceptance of an award
  3. 3 Whether failure to grant an oral hearing invalidated the FTT's decision

Ratio Decidendi

Once an applicant accepts a final award under the Criminal Injuries Compensation Scheme, the application is disposed of and the First Tier Tribunal lacks jurisdiction to entertain an appeal; thus, the FTT's decision to strike out the appeal was correct and the Upper Tribunal erred in quashing that decision.

Court Disposition

Appeal allowed; Upper Tribunal's decision quashed; FTT's strike out restored.

Orders

  • The decision of the Upper Tribunal is quashed.
  • The appeal is allowed and the FTT's strike out is restored.