[2024] UKUT 311 (AAC)

Both parties agreed to the Upper Tribunal setting aside (that is to say, quashing) the First-tier Tribunal decision for the reasons given in my grant of permission. But CICA initially invited the Upper Tribunal to remit direct to CICA.

I gave directions dated 19 September 2024 asking CICA to identify the Upper Tribunal’s power to remit in the circumstances of this case. The directions set out my analysis as to why the Upper Tribunal did not seem to have that power. I attach those directions at Annex 2 to this decision.

CICA responded—

“2.

The Interested Party has no objection to the decision of the First-tier Tribunal (FTT) being set aside. As outlined in the various reasons provided for granting permission, it appears to the Interested Party arguable that there has been an error of law in the decision of the FTT.

3.

In the particular facts and circumstances of this case, the Interested Party had invited the UT in submissions dated 30 August 2024 to remit the case back to CICA for further consideration, as opposed to referring the case back to the FTT for redetermination. This was invited, the CICA now accepts, in error.

4.

For the reasons outlined in more recent directions from UTJ Perez dated 19 September 2024, the Interested Party agrees that UTJ Perez does not have the power to remit this claim directly to CICA.

5.

CICA considers that paragraph 129 would not have been engaged in the circumstances of this case. The decision for the FTT in this case was one of quantum and there was no basis upon which paragraph 129 could have been engaged.

6.

CICA is in agreement with Judge Perez, that Section 17(1)(b) of the Tribunals, Courts and Enforcement Act 2007 does not assist in this case either such that the UT could substitute its own decision.

7.

In the circumstances therefore, the Interested Party invites the court to remit the case to the FTT to consider the matter afresh. Once remitted, CICA will consider its position further as to the most appropriate way to ensure that Ms [H] receives the correct award.”.

Ms H responded—

“Dear Judge Perez,

I would like to express my gratitude for the time and consideration you have given to my case. I appreciate the careful attention to detail in ensuring that all legal aspects have been properly addressed, and I acknowledge the importance of this judicial process.

In relation to the submission from the Criminal Injuries Compensation Authority (CICA), I would like to respectfully request that, should CICA propose any new offer or submission as this process continues, they notify me directly via email as well. This would allow me to carefully consider any proposals without being surprised by a submission presented at the court hearing itself.

I believe that early communication would help to avoid any unnecessary prolongation of this matter, especially if a new offer or proposal from CICA is something that I could potentially accept. My concern is to avoid a situation where, after another First-tier Tribunal hearing, I could find myself in the same position a year from now.

That said, I fully understand the process of the court and acknowledge the importance of due process. Once again, I sincerely thank you, Judge Perez, for your time and dedication in overseeing my case.

Yours sincerely”.

I thank CICA and Ms H for their help, cooperation and courtesy, which have really helped me in my task.