England and Wales Case Law

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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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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RN, R (on the application of) v First tier Tribunal (Social Entitlement Chamber) & Anor

The First Tier Tribunal and Upper Tribunal erred in law by applying an unduly narrow test for 'fear of immediate violence' under paragraph 2(1)(c) of Annex B to the 2012 Scheme. The correct test is whether the victim feared violence at some time not excluding the immediate future, regardless of whether the threat was particularised or the victim knew the exact form of violence threatened. On the facts, the appellant's evidence established that he was the subject of threats causing such fear, satisfying the requirements of paragraph 2(1)(c).

Source excerpt

• Crime of violence definition
• Sexual offences
• Criminal injuries compensation scheme
• Interpretation of statutory schemes
• Judicial review

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

CICA may only reclaim previously paid compensation under paragraph 49(1) of the 2008 Scheme where there would otherwise be double recovery. In this case, the HRA damages for breach of Article 2 ECHR overlap with the CICA bereavement award (both compensate for grief and mental suffering), but do not overlap with the award for loss of parental services. Therefore, CICA is entitled to recoup only the amount of the bereavement award (£5,500) from the HRA damages, not the sum for loss of parental services.

Source excerpt

• Criminal injuries compensation
• Double recovery
• Article 2 echr
• Bereavement damages
• Human rights act damages
• Interpretation of statutory schemes

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

AXO, R (on the application of) v First-Tier Tribunal (Social Entitlement Chamber) [2024] EWCA Civ 226 (11 March 2024)

The Court of Appeal held that CICA recoupment under paragraph 49(1) of the 2008 Scheme is limited to double recovery, and only £5,500 was repayable.

• Criminal injuries compensation
• Double recovery
• Human rights act 1998
• European convention on human rights
• Interpretation of statutory schemes
• Criminal-injuries-compensation

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CFP v First-tier Tribunal (Social Entitlement Chamber)

Judicial review of a Criminal Injuries Compensation Scheme decision failed. The Upper Tribunal held pre-1964 injuries were excluded and no ECHR incompatibility was shown.

• Criminal injuries compensation scheme
• Discrimination
• Interpretation of statutory schemes
• Retrospective effect
• Article 14 echr
• Article 1 protocol 1 echr

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RN, R (On the Application Of) v First Tier Tribunal (Social Entitlement Chamber) & Anor

RN, R (On the Application Of) v First Tier Tribunal (Social Entitlement Chamber) & Anor [2023] EWCA Civ 882 (28 July 2023)

The Court of Appeal held that the appellant’s fear from online grooming and threats could satisfy the Scheme’s “fear of immediate violence” gateway.

• Criminal injuries compensation scheme
• Definition of crime of violence
• Sexual offences against children
• Interpretation of statutory schemes
• Judicial review
• Criminal-injuries-compensation-scheme

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Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber)

Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) (Criminal Injuries Compensation) (Rev 1)

The Court of Appeal held that paragraph 56 of the 1996 Criminal Injuries Compensation Scheme does not require reopening unless a material medical change would cause injustice.

• Reopening of compensation claims
• Judicial review
• Interpretation of statutory schemes
• Criminal-injuries-compensation
• Judicial-review
• Statutory-interpretation

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LHS v First-Tier Tribunal

LHS v First-Tier Tribunal (Criminal Injuries Compensation) & Anor [2015] EWHC 1077 (Admin) (21 April 2015)

The High Court held that criminal injuries compensation under the 1990 Scheme should broadly match civil damages, so the Lord Chancellor’s 2.5% discount rate applied.

• Criminal injuries compensation
• Discount rate
• Assessment of damages
• Interpretation of statutory schemes
• Criminal-injuries-compensation
• Discount-rate

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