Colefax v First Tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 945, [2014] All ER (D) 153 (Jul)
Paragraph 18 of the Criminal Injuries Compensation Scheme (2008) provided a two-year time limit (from the date of the relevant incident) for the making of a written application for compensation. The expression in para 18(b) “an application” meant an application for compensation in respect of one or more personal injuries. It was open to an applicant seeking a waiver in respect of a late claim under para 18 to show that, even if he had suffered some immediately apparent relatively minor injury, it had been reasonable for him, in his particular circumstances, not to have made it the subject of a compensation claim, even if another person in the same circumstances might reasonably have done so. The reference to the “particular circumstances of the case” imported no requirement to show exceptional circumstances.
