England and Wales Case Law

Grass, R (On the Application Of) v First-tier Tribunal (Social Entitlement Chamber)(Criminal Injuries Compensation Appeals Tribunal)

Grass, R (On the Application Of) v First-tier Tribunal (Social Entitlement Chamber)(Criminal Injuries Compensation Appeals Tribunal) [2026] EWHC 541 (Admin) (11 March 2026)

The High Court dismissed a judicial review challenging the refusal to reopen a criminal injuries award. Outliving predicted life expectancy was not a serious change in medical condition.

• Judicial review
• Criminal injuries compensation scheme
• Reconsideration of awards
• Medical condition interpretation
• Finality of awards
• Judicial-review

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R (LH) v The First-tier Tribunal

The Upper Tribunal quashed the First-tier Tribunal’s decision on a criminal injuries compensation appeal, finding inadequate reasons on loss of earnings and remitting for rehearing.

• Criminal injuries compensation
• Loss of earnings
• Error of law
• Tribunal procedure
• Criminal-injuries-compensation
• Loss-of-earnings

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GA v Secretary of State for Defence

The Upper Tribunal set aside a First-tier Tribunal decision on an Armed Forces compensation appeal, finding errors of law and remitting the case for rehearing.

• War pensions
• Armed forces compensation
• Tribunal procedure
• Errors of law
• Armed-forces-compensation
• Tribunal-appeal

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KH, R (on the application of) v First-Tier Tribunal (Social Entitlement Chamber)

KH, R (on the application of) v First-Tier Tribunal (Social Entitlement Chamber) (Criminal Injuries Compensation)

The Upper Tribunal quashed a First-tier Tribunal decision on criminal injuries compensation, finding procedural unfairness, inadequate fact-finding, and an incorrect treatment of evidential issues.

• Criminal injuries compensation
• Procedural fairness
• Judicial review
• Tribunal procedure
• Criminal-injuries-compensation
• Judicial-review

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LXR, R (on the application of) v First Tier Tribunal (Social Entitlement Chamber)

The Court of Appeal restored the FTT decision, holding that a change in understanding of the cause of mental injury did not amount to a material change in condition under the Scheme.

• Criminal injuries compensation scheme
• Re-opening of awards
• Mental injury causation
• Article 14 echr discrimination
• Judicial review procedure
• Criminal-injuries-compensation

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LXR, R (On the Application Of) v First Tier Tribunal (Social Entitlement Chamber)

LXR, R (On the Application Of) v First Tier Tribunal (Social Entitlement Chamber) [2025] EWCA Civ 1608 (12 December 2025)

The Court of Appeal held that a change in understanding of the cause of a mental injury did not, on these facts, amount to a material change in medical condition under the Scheme.

• Criminal injuries compensation scheme
• Re-opening of compensation awards
• Material change in medical condition
• Interpretation of statutory schemes
• Article 14 echr (discrimination)
• Criminal-injuries-compensation-scheme

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Dominic Stephenson v First-Tier Tribunal (Social Entitlement Chamber)

'Other resultant losses' in paragraph 42(b) of the 2001 Scheme are limited to losses arising from the loss of parental services due to the criminal act, not losses arising from pre-existing disabilities or general living expenses. Accommodation adaptation and Court of Protection costs in this case did not result from the loss of parental services and are not recoverable under the Scheme.

Source excerpt

• Criminal injuries compensation scheme
• Interpretation of statutory schemes
• Loss of parental services
• Resultant losses
• Accommodation adaptation costs
• Court of protection costs

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Simon Nelson v Southern Electric Power Distribution

The Upper Tribunal held SEPD’s settlement offer was conditional, so section 4 of the Land Compensation Act 1961 did not apply. Costs were split by the date for reasonable consideration of the offer.

• Costs assessment
• Conditional offers
• Litigants in person
• Wayleave
• Statutory interpretation
• Costs-assessment

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Stephenson v First-Tier Tribunal (Social Entitlement Chamber)

Stephenson v First-Tier Tribunal (Social Entitlement Chamber) [2025] EWCA Civ 1160 (12 September 2025)

The Court of Appeal held that paragraph 42(b) of the 2001 Criminal Injuries Compensation Scheme covers only losses arising from the loss of parental services, not pre-existing disability costs.

• Criminal injuries compensation scheme
• Interpretation of statutory schemes
• Compensation for loss of parental services
• Resultant losses
• Dependency claims
• Court of protection costs

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The Secretary of State for Defence v CJP

The Upper Tribunal held that a left-hand injury sustained at MCTC after discharge from the RAF was not caused by service under the AFCS.

• Armed forces compensation
• War pensions
• Causation
• Service-related injury
• Statutory interpretation
• Armed-forces-compensation

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