Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 18 (AAC)

Fecha: 28-Jul-2021

Law

Law

26.

Section 16(1) and (3C) to (3G) of the Tribunals, Courts and Enforcement Act 2007 provide—

“(1)
This section applies in relation to an application to the Upper Tribunal for relief under section 15(1).
[…]
(3C) In cases arising under the law of England and Wales, when considering whether to grant permission to make the application, the tribunal—
(a)
may of its own initiative consider whether the outcome for the applicant would have been substantially different if the conduct complained of had not occurred, and
(b)
must consider that question if the respondent asks it to do so.
(3D) In subsection (3C) “the conduct complained of” means the conduct (or alleged conduct) of the respondent that the applicant claims justifies the tribunal in granting relief.
(3E) If, on considering the question mentioned in subsection (3C)(a) and (b), it appears to the tribunal to be highly likely that the outcome for the applicant would not have been substantially different, the tribunal must refuse to grant permission.
(3F) The tribunal may disregard the requirement in subsection (3E) if it considers that it is appropriate to do so for reasons of exceptional public interest.
(3G) If the tribunal grants permission in reliance on subsection (3F), the tribunal must certify that the condition in subsection (3F) is satisfied.”.

27.

The relevant paragraphs of the Criminal Injuries Compensation Scheme 2012 regarding injury payments provide—

“4.
A person may be eligible for an award under this Scheme if they sustain a criminal injury which is directly attributable to their being 2 a direct victim of a crime of violence committed in a relevant place. The meaning of “crime of violence” is explained in Annex B.
Types of payment

30.

The types of payment which may be made under this Scheme are:

(a)

Injury payments (paragraphs 32 to 41);

(b)

Loss of earnings payments (paragraphs 42 to 49);

(c)

Special expenses payments (paragraphs 50 to 56);

(d)

Bereavement payments (paragraphs 61 and 62);

(e)

Child’s payments (paragraphs 63 to 66);

(f)

Dependency payments (paragraphs 67 to 74);

(g)

Funeral payments (paragraphs 75 to 77);

(h)

Certain other payments in fatal cases (paragraphs 78 to 84).

[…]

Injury payments

32.

A person is eligible for an injury payment under this Scheme if:

(a)

their criminal injury is described in the tariff at Annex E; or

(b)

in any case falling within paragraph 36 (acceleration of exacerbation of an existing condition), their injury is described in that tariff and the value of the acceleration or exacerbation is at least £1,000.

33.

The amount of an injury payment will be determined in accordance with the tariff and paragraphs 34 to 37. The tariff shows:

(a)

in Part A, the amount payable in respect of physical and mental injuries;

(b)

in Part B, the amount payable in respect of fatal injuries, sexual and physical abuse; and

(c)

notes relating to the determination of the amount of an injury payment for certain injuries.

[…]

37.

(1) Where an application relates to more than one criminal injury each of which would qualify for an injury payment under paragraph 32, the amount of the injury payment for which the applicant will be eligible is:

(a)

the full tariff amount for the criminal injury which gives rise to the highest payment;

(b)

30 per cent of the tariff amount for the criminal injury with an equal or second highest payment; and

(c)

where there are three or more criminal injuries, 15 per cent of the tariff amount for the criminal injury with an equal or third highest payment.

(2)

When calculating the injury payment for which an applicant may be eligible, sub-paragraph (1) will be applied after paragraphs 34 to 36.”.