Publication
53077 (12 December 2023)
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: 53077
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
1. Mr. [ ] ('the Applicant') has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted ('the Scheme').
2. The application arises pursuant to an incident which occurred on the [ ] at [ ]. In the application form submitted, the Applicant's Solicitors state the Applicant suffered a traumatic brain injury. It states that he does not have a full recollection of the incident. Statements were made by a number of witnesses and the matter was subject to a Garda investigation. Gardai at [ ] investigated the matter.
3. The Applicant states as a result of his injuries he continues to suffer from [ ], [ ] and [ ]. The Applicant states that he was under the care of [ ] Hospital, [ ] in relation to the injuries sustained and he also attends with his general practitioner Dr. [ ] of [ ].
4. The Applicant states that he is self-employed and doesn't not hold a medical card.
5. By way of letter dated the [ ], the Tribunal acknowledged receipt of the Applicant's application form from his solicitors. They requested a copy of the Applicant's P60, a statement from the Department of Social Protection and any original receipts which the Applicant held in relation to payments made by him relating to these injuries. No response appears to have been received thereto.
6. On the [ ], the Tribunal wrote to the Applicant's Solicitors, requesting a response in writing. A response was received thereto from [ ] Solicitors of [ ] on the [ ], wherein the said legal representatives state that the firm of [ ] Solicitors ceased practice in [ ]. The writer was an associate solicitor with that firm for over [ ] years. The matter was not progressed due to the change of firms and the Applicant was anxious at that point in time to progress the matter.
7. On the [ ], the Tribunal wrote to Mr. [ ] Solicitor thanking him for his response and enquiring whether criminal proceedings had been concluded in relation to the matter. No response appears to have been received thereto. Further correspondence issued to Mr. [ ] on the [ ], stating that should a response not be received by the [ ], the file of papers in this matter will be passed to a Tribunal member for a decision.
8. In the absence of the provision of sufficient information by the Applicant the Applicant has not progressed his application in particular in relation to the outcome of the criminal investigation, the extent of his injuries and loss incurred. Therefore, regrettably despite the very serious nature of the Applicant's injuries at this juncture I have no alternative but to make no award pursuant to paragraph 10 (previously 11) of the Scheme.
Georgina Robinson
Criminal Injuries Compensation Tribunal
12 December 2023