Herron v Secretary of State for Northern Ireland [2006] NIQB 11 (08 February 2006)

Herron v Secretary of State for Northern Ireland [2006] NIQB 11 (08 February 2006)

Criminal injury compensation is not an award of damages for personal injury under the relevant regulations; therefore, the applicant is liable to the Trust for care costs and is entitled and bound to include those costs in his compensation claim against the Secretary of State.

Citation
[2006] NIQB 11
Parties
Applicant/appellant: William Joseph Herron; Appellant/respondent: Secretary of State for Northern Ireland; Intervener: Ulster Community and Hospital Health and Social Services Trust
Jurisdiction
Northern Ireland
Judgment Date
08 February 2006
Procedural Posture
Appeal / Judgment on Appeal From County Court Decree
Outcome
Appeal allowed in part; decree amended to include total award.
Legal Topics
Recovery of Care Costs, Criminal Injuries Compensation, Statutory Interpretation
Health Law Social Welfare Law Compensation Law Recovery of Care Costs Criminal Injuries Compensation Statutory Interpretation

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Parties

William Joseph Herron

Applicant/appellant

Secretary of State for Northern Ireland

Appellant/respondent

Ulster Community and Hospital Health and Social Services Trust

Intervener

Procedural Posture

Appeal / Judgment on Appeal From County Court Decree

Legal Issues

  1. 1 Is the applicant entitled to recover care costs from the Secretary of State as part of criminal injury compensation?
  2. 2 Is the Trust entitled to recover care costs from the applicant under statutory provisions?
  3. 3 Does an award of criminal injury compensation constitute 'damages' for personal injury under relevant regulations?

Ratio Decidendi

Criminal injury compensation is not an award of damages for personal injury under the relevant regulations; therefore, the applicant is liable to the Trust for care costs and is entitled and bound to include those costs in his compensation claim against the Secretary of State.

Court Disposition

Appeal allowed in part; decree amended to include total award.

Orders

  • Decree for £155,903.35 in favour of applicant, including £100,000 for personal injuries and £55,903.35 for care costs.
  • Court to hear counsel on costs.