Compensation
R (on the application of AXO (a child) (by her litigation friend)) v First- Tier Tribunal (Social Entitlement Chamber) and another [2024] EWCA Civ 226, [2024] All ER (D) 74 (Mar)
The Court of Appeal, Civil Division, ruled on the appellant’s appeal against the UT’s decision to permit the Criminal Injuries Compensation Authority (CICA) to reclaim a settlement award. The appellant’s mother had been subjected to domestic abuse by her ex-partner. The appellant was five years old when her mother was murdered by her ex-partner. The appellant had been awarded by the CICA for compensation. The appellant sought damages under the Human Rights Act 1998 against three state agencies for breach of arts 2 and 3 of the ECHR. The state defendants offered to settle for £15,000, with £10,000 of that amount related to the appellant’s claim for breach of art 2 and £5,000 for breach of art 3. CICA sought repayment of part of the CICA compensation out of the HRA damages asserting that the HRA damages had been paid ‘in respect of the same injury’ applying the
