DML FOR JUDICIAL REVIEW OF THE DECISION OF THE FIRST-TIER TRIBUNAL (SOCIAL ENTITLEMENT CHAMBER) REFUSING THE PETITIONER'S APPLICATION FOR COMPENSATION TO THE CRIMINAL INJURIES COMPENSATION AUTHORITY [2023] ScotCS CSOH_55 (22 August 2023)

DML FOR JUDICIAL REVIEW OF THE DECISION OF THE FIRST-TIER TRIBUNAL (SOCIAL ENTITLEMENT CHAMBER) REFUSING THE PETITIONER'S APPLICATION FOR COMPENSATION TO THE CRIMINAL INJURIES COMPENSATION AUTHORITY [2023] ScotCS CSOH_55 (22 August 2023)

The Tribunal failed to afford the petitioner procedural fairness by not ensuring he had clear notice and a fair opportunity to address the timebar issue under paragraphs 88 and 89. The Tribunal should have recognised the misunderstanding affecting the presentation of the petitioner's case and adjourned the hearing to allow full participation. This procedural unfairness was material and requires the Tribunal's decision to be reduced and the matter reheard.

Citation
[2023] ScotCS CSOH_55
Parties
Petitioner: DML; Respondent: Criminal Injuries Compensation Authority
Jurisdiction
Scotland
Judgment Date
22 August 2023
Procedural Posture
Judicial Review / Opinion of the Court (outer House, Court of Session)
Outcome
Petition allowed; Tribunal's decision reduced; matter remitted for rehearing.
Legal Topics
Procedural Fairness, Natural Justice, Time Limits for Compensation Claims, Victims of Crime, Child Sexual Abuse, Judicial Review of Tribunal Decisions
Administrative Law Compensation Law Tribunal Procedure Procedural Fairness Natural Justice Time Limits for Compensation Claims Victims of Crime Child Sexual Abuse +1 more

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Parties

DML

Petitioner

Criminal Injuries Compensation Authority

Respondent

Procedural Posture

Judicial Review / Opinion of the Court (outer House, Court of Session)

Legal Issues

  1. 1 Whether the First-tier Tribunal failed to afford the petitioner a fair hearing by not providing adequate notice and opportunity to address the timebar issue under paragraphs 88 and 89 of the Criminal Injuries Compensation Scheme 2012.
  2. 2 Whether procedural fairness required the Tribunal to adjourn the hearing to allow the petitioner to present his case on exceptional circumstances for late application.

Ratio Decidendi

The Tribunal failed to afford the petitioner procedural fairness by not ensuring he had clear notice and a fair opportunity to address the timebar issue under paragraphs 88 and 89. The Tribunal should have recognised the misunderstanding affecting the presentation of the petitioner's case and adjourned the hearing to allow full participation. This procedural unfairness was material and requires the Tribunal's decision to be reduced and the matter reheard.

Court Disposition

Petition allowed; Tribunal's decision reduced; matter remitted for rehearing.

Orders

  • Respondent's pleas-in-law repelled.
  • Judgment of the First-tier Tribunal of 31 October 2022 reduced.