50537 (12 December 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: 50537

Date of incident: [ ]

Date received: [ ]

Decision: No award

1. The applicant was assaulted in a nightclub and received an injury to his mouth which necessitated attention from a dentist.

2. The matter was reported to the gardaí and the assailant was identified however a prosecution did not take place.

3. The applicant’s solicitor submitted a dental report to the tribunal by letter dated [ ]. That report stated that a sum of €305 had been incurred in relation to dental treatment arising out of the assault. The applicant’s solicitor indicated that they were trying to get a costing in relation to the dental injuries suffered.

4. On [ ] the tribunal wrote to the applicant’s solicitor enquiring whether the application was being pursued.

5. On [ ] the applicant’s solicitor asked for time to take instructions from their client.

6. On [ ] the tribunal wrote to the applicant’s solicitor requesting an update and no reply was received.

7. The tribunal has had no further contact from the applicant or his solicitor.

8. Paragraph 11 of the Scheme provides 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, and otherwise.”

9. The applicant in this matter has failed to engage with the tribunal in relation to his claim. I am of the opinion that all reasonable assistance has not been provided. It is for the applicant to establish his case and that has not been done. I make no award.

Signed: Elizabeth Davey

Date: 12 December 2022