53130 (27 March 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme (1) of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

(1) The Scheme in being at the time of the application.

Name of applicant: [ ]

Application number: #53130

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No award

[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).

The Applicant’s claim is that he was out for a night with a girlfriend in [ ] on [ ] and went to intervene when another person was being assaulted, whereupon he himself was set upon and injured. The Applicant’s claim is that he was brought to hospital after the assault and x rays revealed that two of his discs had snapped.

The Applicant made a statement to the Gardaí at [ ] Garda Station on [ ], four days after the incident, on [ ]. The Applicant submitted his application to the Tribunal on [ ], which was over five months after the incident.

Paragraph 21 of the Scheme states:

“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…”

It is clear from Paragraph 21 that where an application is submitted beyond three months after the incident the subject matter of an application, the Tribunal is entitled to consider the circumstances which gave rise to the delay in submitting that application, and where it deems such circumstances justify exceptional treatment, the Tribunal may accept that application for further consideration.

Section 2 (f) of the application form provides an opportunity for applicants to set out the reasons for delay, if any, in submitting their application. In the instant case, at s 2 (f) the Applicant states: “I was receiving medical treatment and receiving medication. I was in a back brace and found it difficult to leave the house for about 2 and a half to 3 months after the incident. I am not from Republic of Ireland and was unaware of time limits involved. I made this claim as soon as I was able to.”

Upon receipt of this application the Tribunal wrote to the Applicant on [ ] and set out the material it required in order to process and consider his application. No response was received by the Tribunal. On [ ] the Tribunal received a letter from the Applicant’s legal advisor, [ ], Solicitor, requesting an update on his application. By reply, dated [ ], the Tribunal attached a copy of its original letter (of [ ]) seeking the material it required to consider the Applicant’s claim, and noted therein that no material had been received to date. The Tribunal assured the Applicant that upon receipt of the necessary information, his application would be progressed further. No response was received.

The Tribunal wrote most recently to the Applicant, on [ ], enquiring as to whether he intended to pursue his claim and if so, to inform the Tribunal as such by [ ]. The Tribunal received no response.

Paragraph 11 of the Scheme states:

“No compensation will be paid to an applicant who has not, in the opinion of the Tribunal given the Tribunal all reasonable assistance in relation to any medical report that it may require or otherwise.”

Also, pursuant to paragraph 26 of the Scheme, it is for an applicant to establish their claim.

In the opinion of the Tribunal, it is not necessary to assess the issue of delay in submitting this application by the Applicant and whether the reasons for that delay warrant exceptional treatment, as the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, pursuant to paragraph 11 of the Scheme. In consequence, the Applicant has not established his claim, as required pursuant to paragraph 26 of the Scheme. Accordingly, no compensation can be paid, and no further consideration of this application is required.

No award

Nora Pat Stewart

27 March 2023