23996 (10 August 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 23996

Date of incident: [ ]

Date of application: [ ]

Decision outcome: Application refused pursuant to Paragraph 11 of the Scheme.

1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].

2. The Applicant was on a night out in [ ] public house, [ ] on the night of the incident when he was assaulted by a named individual, fell and hit his head on the ground. According to the investigating garda’s statement the Applicant suffered a fractured skull and bleeding inside his head. The Applicant was treated for his injuries at [ ] County Hospital in [ ] under the care of a Dr. [ ]. By letter dated [ ] the Applicant’s solicitor informed the Tribunal that ‘The reality in this case is that the injuries suffered by Mr. [ ] will affect him for the rest of his life and will seriously compromise his capacity to earn a livelihood.’ No further detail nor any medical report has been provided by the Applicant.

3. The incident was reported to Gardaí in a timely fashion and an individual was prosecuted and convicted before [ ] Circuit Court for the offence of assault causing harm. This individual received an eighteen-month suspended sentence. The Applicant received the sum of €[ ] as a token of the perpetrator’s remorse.

4. The Applicant appears to have been employed at the time of the incident and further appears to make a claim for loss of earning however no particulars of employment of loss of earnings have been furnished to the Tribunal.

5. The Applicant appears to have taken High Court proceedings seeking compensation for his injuries however the Tribunal has not been furnished with any details of the nature of the proceedings or the outcome of such proceedings. Full details of any compensation received must be considered by the Tribunal pursuant to Paragraph 5 of the Scheme.

6. The last correspondence received by the Tribunal from the Applicant’s solicitor was dated [ ]. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitor asking if the Applicant wished to pursue his application and giving the Applicant one month to respond. No response was received to this letter and the application was sent to a Tribunal member for decision.

7. Paragraph 11 of the Scheme states:

‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance in relation to any medical report that it may require, and otherwise.’ (Emphasis added)

8. There is an onus on an applicant who makes a claim under the Scheme to assist the Tribunal in accordance with Paragraph 11 of the Scheme. In the instant case the Applicant has submitted a claim for loss of earnings and non-specified out-of-pocket expenses. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitor seeking particulars of the Applicant’s claim, together with original receipts to couch any out-of-pocket expenses incurred by the Applicant. No particulars were furnished.

9. In the circumstances the Tribunal is left with no alternative but to find that the Applicant has not complied with Paragraph 11 of the Scheme and refuse to admit the Applicant’s application for consideration under the Scheme pursuant to Paragraph 11.

10. N/A.

11. N/A.

12. N/A.

13. Nil.

Marc Murphy

Criminal Injuries Compensation Tribunal

10 August 2023