Publication
54129 (12 April 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
On the [ ] the Applicant was head butted by one of his friends after they had spent time in a nightclub when his friend thought that he had held his girlfriend’s hand. The Applicant injured his teeth. The Applicant submitted a proposed schedule of dental work, prepared by [ ], amounting to initial costs of €4,500 and a further estimate of €4,000 should implant be required at a later date. The Applicant submitted receipts in the sum of €850 for actual work carried out. The Scheme requires applications to be submitted within 3 months, except in circumstances determined by the Tribunal to justify exceptional treatment. While there is an outer limit of two years on the acceptance of applications, the application was received prior to the imposition of the two year outer limit being imposed.
The Applicant submitted that the delay in submitting the application was because the Gardai informed him to take no action until the conclusion of the criminal case. In the instant application, the Tribunal extends the time for the submission of the application as if the Gardai informed the Applicant not to do anything and he relied upon this advice, the Tribunal finds that circumstances exist so as to justify exceptional treatment. A number of letters were sent to the applicant requesting receipts. As no further receipts were received the Tribunal awards €2,000 comprising of €850 for dental work already carried out and €1,150 for possible dental work necessary in the future but not confirmed.
Dated: 12 April 2022
Signed: Mema Byrne BL