51009 (11 August 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: 51009

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

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

2. On the [ ], the applicant, claims that he was viciously assaulted by Mr [ ], Mr [ ] and a number of others (“offenders”) outside his home in [ ]. The applicant sustained multiple fractures to his orbital bone, a badly broken nose, together with extensive bruising and lacerations to his face. He allegedly subsequently developed anxiety and depression.

3. The applicant received extensive treatment in [ ] General Hospital, [ ] Hospital in [ ] and from his GP, Dr [ ] in [ ].

4. The incident was reported to [ ] Garda Station. It is unknown if any of the alleged offenders were ever charged and prosecuted.

5. The applicant was initially unable to work. His solicitors suggested that they would provide the Tribunal with an Accountant’s Report to vouch any loss of earnings. However, no report has ever been provided to the Tribunal.

6. The applicant also claims that he incurred medical and travelling expenses, estimated to be approximately €650. However, the applicant has failed to put forward any vouchers in respect of any out-of-pocket expenses claimed.

7. This application was submitted to the Tribunal almost five months after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme states that “Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury”. It has been submitted on behalf of the applicant that the delay arose as a consequence of the applicant suffering from severe injuries and an element of depression. While medical evidence has been submitted on behalf of the applicant to prove the nature and extent of his physical injuries, no medical evidence has been submitted to prove the allegation regarding depression.

8. Paragraph 11 of the (pre-April 2021) Scheme states that “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]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers, documentary proof of any losses claimed, and all relevant information requested, to enable the Tribunal to sufficiently progress and conclude the claim.

9. Paragraph 30 of the (pre-April 2021) Scheme states that: “The standard of proof which the Tribunal will apply to a determination of any claim will be the balance of probabilities.”

10. The Tribunal wrote to the applicant’s solicitor on the [ ] and requested details of any out-of-pocket expenses. No response was received from the applicant’s solicitor to the Tribunal’s correspondence.

11. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. The Tribunal can only make awards in respect of vouched out-of-pocket expenses. The applicant’s solicitors have not corresponded with the Tribunal since [ ], almost [ ] years ago. The applicant has failed to provide the Tribunal with all reasonable assistance with a view towards progressing and finalising his claim. He has also failed to provide any vouching documentation to prove any of the out-of-pocket expenses claimed in his application form. In such circumstances, paragraphs 11 of the Scheme will apply. Regrettably, in such circumstances, it is not possible to make any award to the applicant.

12. In circumstances where the applicant has not proven his losses and where paragraph 11 has been applied, it is not necessary for the Tribunal to make any further determinations on paragraph 21 of the Scheme or any other provisions of the Scheme that might apply to this matter.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

11 August 2022