50581 (27 May 2022)

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: 50581

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No compensation payable as failure to give all reasonable assistance under Article 10 of the Scheme.

1. Mr. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).

2. In his application for compensation under the Scheme, received on [ ], the applicant (who was born on [ ]) outlined that on [ ] he was walking out of a nightclub on [ ], and the next thing he knew he was waking up with blood on him. He states that he was brought in an ambulance to the [ ] Hospital, having suffered a traumatic brain injury. He states that he was transferred to [ ] Hospital.

3. No medical report was submitted. An in-patient charge for [ ] Hospital in the amount of €240 was submitted. There were no receipts submitted in relation to any expenses incurred or loss of earnings.

4. No Garda Report was contained in the Tribunal papers.

Article 10 – obligation to give all reasonable assistance to the Tribunal

5. The Tribunal wrote to the applicant’s solicitor on [ ], seeking further information from the applicant and also confirmation by [ ] that he wished to proceed with the application. There was no response to this correspondence.

6. The applicant has not replied to correspondence in relation to his claim before the Tribunal. Therefore, I find that he has not given all reasonable assistance to the Tribunal as required under Article 10 of the Scheme.

7. I therefore decline to make any award.

Elizabeth Maguire

Criminal Injuries Compensation Tribunal

27 May 2022