Publication
51043 (12 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: 51043
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No compensation payable as the application was received after the time limit provided in Article 20 of the Scheme, and further a failure to give all reasonable assistance under Article 10 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, received on [ ], the applicant (who was born on [ ]) outlined that he was assaulted at [ ] by a named assailant. It is set out in the Garda report that this person was a “distant family associate”. He states that he suffered serious facial injuries.
3. The Garda report dated [ ] confirms that he was assaulted.
4. Medical reports and dental reports were submitted on behalf of the applicant. He had been hit in the face, and he had a fracture of the maxilla. He also had multiple fractured teeth, bruising to the face and an injury to his lips which resulted in scar tissue.
5. The applicant’s solicitor submitted a schedule of expenses, amounting to the sum of €92,524. This included a claim for future dental treatment and also for loss of earnings. No receipts or vouchers for any expenses were submitted, albeit estimates for dental treatment were submitted.
6. The perpetrator of the assault was charged and pleaded guilty to the charges made against him. He paid the sum of €[ ] to the applicant “as a consequence of the criminal case”. It is further stated in correspondence from the applicant’s solicitor that civil proceedings against the perpetrator have been issued in the High Court on behalf of the applicant.
7. Article 20 of the Scheme provides as follows:
“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. No applications may be accepted by the Tribunal where the event giving rise to the injury took place more than two years prior to the date of the application.”
8. As the application form was received on [ ], it was not submitted within the time permitted under the Scheme.
9. The applicant’s solicitor has stated as follows in his letter dated [ ] enclosing the applicant’s application to the Tribunal:
“Our initial instructions in this matter were received on [ ] at which stage three months had already elapsed since the date of the incident causing assault.
Our client instructed us to institute civil proceedings against [the perpetrator] and proceedings have been issued in respect of general damages and out of pocked expenses.
At all times, we were instructed that [the perpetrator] would be a good mark in respect of civil proceedings and we hope to recover all general damages and out of pocked expenses awarded to Mr. [ ] directly from [the perpetrator]. However, there is also the prospect that [the perpetrator] is not a good mark and will not honour any Court orders made against him and in which case our client would be severely out of pocket with no further remedy.
To prevent this happening, we suggested that we should contact the Criminal Injuries Compensation Tribunal and put them on notice of our client’s intention to make a claim to them in respect of his out of pocket expenses. Hopefully, our client will never have to actually proceed with his claim against the Criminal Injuries Compensation Tribunal but we would like to have the Tribunal’s thoughts on whether or not they would be willing to ascertain our client’s application in circumstances where he would not be in a position to recover any monies directly from the person that caused the injuries.”
10. I note from further correspondence dated [ ] from the applicant’s solicitor that the applicant received the sum of €[ ] from the perpetrator in the context of the criminal proceedings, and that High Court proceedings were still ongoing at that date.
11. I find that there are no circumstances supplied to the Tribunal which justify exceptional treatment to extend the time for the application and I therefore do not admit the claim for consideration.
12. 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.
13. 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, and I find that no compensation is payable to the applicant.
14. I therefore decline to make any award.
Elizabeth Maguire
Criminal Injuries Compensation Tribunal
12 August 2022