[2025] UKUT 181 (AAC)

the Level B3 award to which he refers requires there to have been (emphasis added) “intermittent physical assaults resulting in an accumulation of healed wounds, burns or scalds, but with no appreciable disfigurement”. There simply was, and is, no evidence of wounds,burns or scalds (healed or otherwise) before the Tribunal, caused by any assault by the Applicant’s former partner on him. Nor was there (as strictly required) any such evidence presented in support of the application for compensation

in addition, insofar as he relies on “being kicked, punched, assaulted with an iron pole, and having his hair pulled” and says that those may have caused any such wounds, burns or scalds, the first difficulty with that argument is that the majority of those assaults, as also detailed in his witness statement, and indeed the most serious ones, took place whilst he and his former partner were travelling in Israel, France and the United States. Hence, if and insofar as those were the assaults which caused such injuries, he would not be able to recover any compensation for them in any event as they took place outside Great Britain: see paragraphs 4, 8 and Annex C of the Scheme

there was in any event, no evidence of “intermittent physical assaults resulting in an accumulation of healed wounds, burns or scalds”, caused by any crime of violence by the Applicant’s partner, whether in Great Britain or otherwise

he refers to being kicked in the chest in December 2014, regularly pushed in 2015 and having a shoe thrown at his head in 2015. He says these were all in Great Britain. It is said that it was not suggested that these assaults did not cause wounding

but he did not and has never led any evidence that any of these specific incidents caused wounding, nor indeed that as required there was an accumulation of such healed wounds. Nor on the face of it would such incidents cause wounding, as opposed to at most bruising. Nor is there any medical evidence that there was any wounding caused by such incidents (see e.g. his GP records). Nor did he say so in his application for compensation in which he claimed for only mental injuries. There was therefore no evidence before the Tribunal, and nor is there any evidence, of any wounding and no basis on which it could find that there was “an accumulation of healed wounds, burns or scalds”. If that was his case it was incumbent on him to make that case and lead, or show, some evidence of that.