Tomlinson -v- Criminal Injuries Compensation Tribunal [2005] IESC 1 (19 January 2005)

Tomlinson -v- Criminal Injuries Compensation Tribunal [2005] IESC 1 (19 January 2005)

Where the core issue is a question of law going to the jurisdiction of the Tribunal, and the respondent has already taken a clear position on the issue, justice requires that judicial review be available notwithstanding the existence of an alternative remedy.

Citation
[2005] IESC 1
Parties
Applicant/appellant: Angela Tomlinson; Respondent: Criminal Injuries Compensation Tribunal
Jurisdiction
Ireland
Judgment Date
19 January 2005
Procedural Posture
Judicial Review Appeal / Appeal From High Court Refusal of Judicial Review
Outcome
Appeal allowed; High Court order refusing judicial review set aside; matter remitted to High Court for substantive hearing.
Legal Topics
Judicial Review, Alternative Remedy, Jurisdiction, Compensation for Criminal Injuries
Administrative Law Compensation Law Judicial Review Alternative Remedy Jurisdiction Compensation for Criminal Injuries

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 1 Authorities cited 5 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Angela Tomlinson

Applicant/appellant

Criminal Injuries Compensation Tribunal

Respondent

Procedural Posture

Judicial Review Appeal / Appeal From High Court Refusal of Judicial Review

Legal Issues

  1. 1 Whether judicial review should be granted when an alternative remedy (appeal to Tribunal) exists
  2. 2 Whether the deduction of stg£592,000 from compensation was ultra vires the Tribunal

Ratio Decidendi

Where the core issue is a question of law going to the jurisdiction of the Tribunal, and the respondent has already taken a clear position on the issue, justice requires that judicial review be available notwithstanding the existence of an alternative remedy.

Court Disposition

Appeal allowed; High Court order refusing judicial review set aside; matter remitted to High Court for substantive hearing.

Orders

  • Set aside the High Court order refusing judicial review
  • Remit the matter to the High Court judicial review list for substantive determination