header-logo header-logo

13 March 2024
Issue: 8063 / Categories: Legal News , Compensation , Criminal , In Court
printer mail-detail

Criminal Injuries Compensation Authority: ‘double recovery’ ruling

CICA may reclaim the award that was given to the child of a domestic abuse victim

Criminal injuries compensation must only be repaid where there is ‘double recovery’, the Court of Appeal has held.

In R (AXO, a Child, by her litigation friend JXO) v First-Tier Tribunal (Social Entitlement Chamber) [2024] EWCA Civ 226, the appellant’s mother was subjected to domestic abuse over a long period. State agencies were aware and were involved in trying to protect the mother, but failed to do so. In 2011, when the appellant was five years old, her mother was murdered by the ex-partner.

In 2012, the appellant received £5,500 for bereavement, and £20,000 for loss of parental services, from the Criminal Injuries Compensation Authority (CICA). She brought civil proceedings against the state agencies (police, social services and probation) alleging breaches of her human rights, with the claim settling in 2019 for £15,000 (£10,000 for breach of her Art 2 rights and £5,000 for Art 3).

However, CICA then tried to claim back its award.

The appellant contended that CICA’s attempt to do so was unlawful as it was an ultra vires use of the Criminal Injuries Compensation Act 1995 and breached her rights under Arts 2 and 13 of the European Convention.

The Court of Appeal considered the meaning of para 49(1) of the 2008 Criminal Injuries Compensation Scheme, which requires repayment if the person receives payment from another ‘in respect of the same injury’.

Giving the lead judgment, Lady Justice Whipple held the 2008 scheme allows CICA to reclaim an award ‘only where there would otherwise be double recovery’. There was no double recovery in relation to the award for lost parental services, but there would be double recovery in respect of the bereavement award.

Whipple LJ said: ‘It is therefore open to CICA to demand repayment of £5,500 (the amount of the bereavement award) from the £10,000 [human rights damages].’

Issue: 8063 / Categories: Legal News , Compensation , Criminal , In Court
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll