Publication
50327 (16 August 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 50327
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 of the Scheme.
1. [ ], (‘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, dated [ ] the applicant states that he had suffered injuries as a result of an incident which happened on the [ ]. Due to his inability to write, the application was submitted on his behalf. At the time of the incident, he was working at [ ]. He was working in security at the time.
3. He recalls that he went outside onto the grounds, which he was protecting, when he was suddenly attacked. His next memory is waking up in hospital. An Garda Síochána reported that the incident was caught on CCTV. This showed that at [ ], in the morning the applicant encountered [ ], on the grounds of [ ], who he directed to leave. He was attacked by [ ], and severely beaten. He was removed to the [ ] Hospital and spent a long number of days receiving treatment.
4. His Solicitors, [ ], submitted the application form on the [ ] and it is within time.
His Solicitors were written to on the [ ], acknowledging the application and asking for the following:
a) Details of absence from work, and
b) Details of net loss of earnings.
5. [ ] acknowledged this correspondence but, somewhat surprisingly, did not respond to same. The Garda Report was forwarded to them on the [ ]. No response has been received from them. On the [ ] the secretariat wrote asking them to know whether their client wished to still pursue this application. It was pointed out that the documentation required would include original receipts and vouching documentation in relation to the applicants out-of-pocket expenses. They were also advised that if not, the matter would be placed before a member for decision.
6. No response has been received from them.
7. Article 9 of the scheme (previously Article 10 of the scheme) provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50 (€63) should be awarded”. This is now €500 under the revised scheme.
8. No details of any out-of-pocket expenses have been furnished. The Tribunal cannot be satisfied on the balance of probabilities that compensation of not less that €63 should be awarded.
9. As per Article 9, the Tribunal must be satisfied that damages of not less than €63 should be awarded. No details have been furnished and accordingly, the application is dismissed under Article 9 of the Scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
16 August 2022