Fegan, Re Judicial Review [2009] NIQB 193 (21 December 2009)

Fegan, Re Judicial Review [2009] NIQB 193 (21 December 2009)

The Panel properly considered all relevant medical evidence and exercised its discretion under the Scheme; no causal link between injuries and offending was established, and the application of the Guide was not rigid or disproportionate.

Source-derived case information.

Citation
[2009] NIQB 193
Parties
Applicant: Thomas Fegan; Respondent: Criminal Injuries Compensation Appeals Panel
Jurisdiction
Northern Ireland
Judgment Date
21 December 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Criminal Injuries Compensation, Judicial Review, Discretion in Compensation Awards, Proportionality, Causal Link Between Injury and Offending
Administrative Law Criminal Law Criminal Injuries Compensation Judicial Review Discretion in Compensation Awards Proportionality Causal Link Between Injury and Offending

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Parties

Thomas Fegan

Applicant

Criminal Injuries Compensation Appeals Panel

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Panel failed to consider medical evidence linking injuries to subsequent offending
  2. 2 Whether the application of the Guide produced a disproportionate result

Ratio Decidendi

The Panel properly considered all relevant medical evidence and exercised its discretion under the Scheme; no causal link between injuries and offending was established, and the application of the Guide was not rigid or disproportionate.

Court Disposition

Application dismissed