![[2024] UKUT 311 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Introduction
Introduction
This is Ms H’s application for judicial review of the First-tier Tribunal’s decision which allowed in part her criminal injuries compensation appeal. I gave permission on 10 August 2024 to bring this judicial review, after an oral hearing on 29 July 2024.
- Heading
- I allow this judicial review to the extent of remittal
- Introduction
- Factual and procedural background
- First-tier Tribunal appeal
- Grant of permission to bring judicial review
- Submissions after grant of permission
- Law
- Analysis
- Error by misquoting the test in Note 2 of the Tariff to the scheme and by appearing to assume that, without a substantial adverse impact on Ms H’s day-to-day activities, the DMI was present but not pe
- Error in failing to seek a further report from Dr Holt on the issues on which the First-tier Tribunal found Dr Holt’s report lacking
- Error in failing to find that Dr Holt did report sufficiently on functioning
- Error in failing to find that Dr Holt’s report was evidence of permanence
- Error in failing to take sufficient account of, and to give sufficient weight to, Dr Alachkar’s first two reports
- Error in failing to give sufficient weight to evidence from years before Ms H made her CIC claim that showed a lack of day-to-day functioning
- Error in failing adequately to take into account, and in failing to give sufficient weight to, evidence that Ms H left school at 13 and then spent the rest of the time in her bedroom
- Error in failing to give sufficient weight to the statement of Ms H’s partner
- Error in placing too much weight on the contraceptive implant
- Error in failing to ask Ms H why she has the contraceptive implant
- Error in placing too much weight on the lack of GP entries as to sexual dysfunction
- Error in mischaracterising Ms H’s evidence as to her sexual relationship with her partner and impliedly inferring that she was lying about that relationship
- Error in making a finding not supported by the evidence as to the reason for Ms H stopping driving immediately after passing the driving test
- Error in failing to give sufficient weight to Ms H’s reminder to the tribunal that she had grown up at her Nana’s
- Conclusions