Hutton & Ors v Criminal Injuries Compensation Authority

Hutton & Ors v Criminal Injuries Compensation Authority

Permission to appeal is granted because it is reasonably arguable that, given the accepted evidence of the applicants' circumstances, there are particular circumstances which might make it reasonable and in the interests of justice to waive the two-year time limit for making a claim under the scheme.

Parties
Appellant: Vincent Hutton; Appellant: Fiona Hutton; Appellant: Yvonne Akers; Respondent: Criminal Injuries Compensation Authority
Jurisdiction
England and Wales
Judgment Date
23 November 2011
Procedural Posture
Judicial Review Application (renewed Application for Permission to Appeal) / Permission to Appeal to the Court of Appeal From Upper Tribunal Refusal
Outcome
permission to appeal granted
Legal Topics
Judicial Review, Limitation Periods, Criminal Injuries Compensation, Waiver of Time Limits
Administrative Law Criminal Law Judicial Review Limitation Periods Criminal Injuries Compensation Waiver of Time Limits

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Parties

Vincent Hutton

Appellant

Fiona Hutton

Appellant

Yvonne Akers

Appellant

Criminal Injuries Compensation Authority

Respondent

Procedural Posture

Judicial Review Application (renewed Application for Permission to Appeal) / Permission to Appeal to the Court of Appeal From Upper Tribunal Refusal

Legal Issues

  1. 1 Whether the First-Tier Tribunal could properly have waived the two-year time limit for making a claim under the Criminal Injuries Compensation Authority scheme in the particular circumstances of the applicants' case
  2. 2 Whether there were 'particular circumstances' making it reasonable and in the interests of justice to allow the claim out of time

Ratio Decidendi

Permission to appeal is granted because it is reasonably arguable that, given the accepted evidence of the applicants' circumstances, there are particular circumstances which might make it reasonable and in the interests of justice to waive the two-year time limit for making a claim under the scheme.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal to the Court of Appeal is granted on the issue of whether there are particular circumstances making it reasonable and in the interests of justice for the time limit to be waived.
  • Estimate for hearing is half a day before three judges, one of whom may be a High Court Judge.