[2025] UKUT 181 (AAC)

The Tribunal found that the Applicant would have had access to legal advice during the course of the prior appeal (and presumably before October 2019). There was no evidence before the Tribunal that this was the case. For the avoidance of doubt, the Applicant did not have access to such legal advice at that time.

The only evidence before it was that the Applicant had the support of Ms. Titus-Cobb in his appeal to the Tribunal. However, the date of this hearing was on or around 11 April 2022. This was two years after the Applicant had made his application.

Further, the Tribunal found that the Applicant had access to a copy of the 2012 Scheme. The Applicant did not give evidence to the Tribunal that he had access to the Scheme. Indeed, in his witness statement he stated that he had only found out about the Scheme as a result of being informed by the investigating detective. There was no evidential basis upon which the Tribunal could have made a factual finding that he would have had a copy of the 2012 Scheme.

The finding that the Applicant had a copy of the 2012 Scheme was not a proper inference for the Tribunal to make:

he did not have access to legal advice or assistance until 9 July 2020. At the time of the stabbing claim, he was unaware of the wider scope of the rules. He was only aware that the Scheme compensated victims of stabbing

he was not questioned as to his wider familiarity with the Scheme or the ease with which he could have access a copy of the rules

the Tribunal went further than stating that the Applicant might reasonably be expected to have had access to a copy of the Scheme. It made an express finding of fact that the Applicant would have had access to a copy.