Cantwell v Criminal Injuries Compensation Board [2000] ScotCS 36 (9 February 2000)

Cantwell v Criminal Injuries Compensation Board [2000] ScotCS 36 (9 February 2000)

Section 10 of the Administration of Justice Act 1982 precludes deduction of the petitioner's ill-health pension in assessing damages for the period after normal retirement age; the Board's decision to deduct the pension was therefore unlawful and must be reduced.

Citation
[2000] ScotCS 36
Parties
Petitioner and Reclaimer: Ian Cantwell; Respondent: Criminal Injuries Compensation Board
Jurisdiction
Scotland
Judgment Date
09 February 2000
Procedural Posture
Reclaiming Motion (appeal) in Judicial Review / Appeal From Refusal of Judicial Review by Lord Ordinary
Outcome
Petitioner's reclaiming motion allowed; Board's decision reduced; matter remitted to Board for reconsideration.
Legal Topics
Criminal Injuries Compensation Scheme, Deduction of Pensions From Compensation, Interpretation of Statutory and Non Statutory Schemes, Section 10 Administration of Justice Act 1982, Common Law Damages Assessment
Administrative Law Personal Injury Law Pensions Law Criminal Injuries Compensation Scheme Deduction of Pensions From Compensation Interpretation of Statutory and Non Statutory Schemes Section 10 Administration of Justice Act 1982 Common Law Damages Assessment

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 3 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ian Cantwell

Petitioner and Reclaimer

Criminal Injuries Compensation Board

Respondent

Procedural Posture

Reclaiming Motion (appeal) in Judicial Review / Appeal From Refusal of Judicial Review by Lord Ordinary

Legal Issues

  1. 1 Whether the ill-health pension received by the petitioner should be deducted from compensation under the Criminal Injuries Compensation Scheme, particularly for the period after normal retirement age.
  2. 2 Whether section 10 of the Administration of Justice Act 1982 precludes deduction of the ill-health pension in assessing damages.

Ratio Decidendi

Section 10 of the Administration of Justice Act 1982 precludes deduction of the petitioner's ill-health pension in assessing damages for the period after normal retirement age; the Board's decision to deduct the pension was therefore unlawful and must be reduced.

Court Disposition

Petitioner's reclaiming motion allowed; Board's decision reduced; matter remitted to Board for reconsideration.

Orders

  • Sustain the petitioner's plea in law.
  • Repel the respondents' pleas.