Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 306 (AAC)

Fecha: 10-Sep-2025

Conclusions

Disposal and conclusion.

29.

It is appropriate to remit this matter to the First-tier Tribunal, so that it can carry out the necessary investigations about the circumstances in which TB did not apply for compensation during the relevant two-year period.

30.

I therefore quash the First-tier Tribunal’s decision and remit WS’s criminal injuries compensation appeal to a new First-tier Tribunal to decide.

31.

I set out case management directions below.

CASE MANAGEMENT DIRECTIONS

32.

I make the following directions:

This case is remitted to the First-tier Tribunal for reconsideration at an oral hearing.

The new tribunal should not involve any of the Tribunal members previously involved in considering TB’s appeal on 31 May 2024.

When dealing with TB’s appeal, the Tribunal is to apply the principles established by the Upper Tribunal in R(JA) v First-tier Tribunal (CICA interested party) [2024] 121 (AAC).

The Tribunal hearing the remitted case is not bound in any way by the decision of the previous First-tier Tribunal. Depending on the findings of fact it makes, the new Tribunal may reach the same or a different outcome from the previous tribunal.

Copies of this decision, the decision granting permission to bring judicial review proceedings, and the response from CICA, are be added to the bundle to be placed before the First-tier Tribunal hearing the remitted case.

Judith Butler

Judge of the Upper Tribunal

Authorised by the Judge for issue: 10 September 2025