Foilsiú
52982 (10 February 2023)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: 52982
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
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 by the Tribunal on the [ ], the Applicant states that he suffered injuries by virtue of a knife attack which occurred at [ ] on the [ ].
3. The circumstances of the incident are outlined by the Applicant in his application form in addition to correspondence issued by the Applicant’s Solicitors dated the [ ], enclosing photographs of the Applicant’s injuries, a copy of the Applicant’s medical report and a copy of statements from An Garda Siochana.
4. The Criminal Injuries Compensation Tribunal established under paragraph 17 of the Scheme the Tribunal “may pay ex gratia compensation in respect of personal injury where the injury is directly attributable to a crime of violence, or, as provided for in paragraph 4, to circumstances arising from the action of the victim in assisting or attempting to assist the prevention of crime or the saving of human life"
5. Applications to the Scheme are required to be submitted no later than 3 months from the date of the incident given rise to the injury complained of. In the instant case the application was submitted approximately 4 months from the date of incident.
6. The Applicants submit the reason for the late application to include the Applicant’s life having been threatened post the incident, the Applicant having been required to re-locate his family outside of the [ ] area for a significant period of time. Despite the issue of the late application which may be surmounted in this particular Applicant’s case an issue does arise in relation to paragraph 11 of the Scheme which states as follows “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 that it may require, and otherwise”.
7. By letter dated the [ ], the Tribunal wrote to the Applicant seeking the provision of certain information required for the assessment of the Applicant’s claim. The Tribunal notes that the Applicant’s legal advisers had previously advised that no loss of earnings arises in the Applicant’s case and the sole item of damages which may be recoverable in the Applicant’s case concerns therefore out of pocket expenses. No documents in respect of the Applicant’s out of pocket expenditure were submitted and in the absence of receipt of such documentation this Tribunal is not in a position to assess this application.
8. Despite clear communication with the Applicant by the Tribunal and a request for the required information to assess this application no such information has been furnished to the Tribunal.
9. As the Applicant has not established his claim nor co-operated with the Tribunal in this regard no award is made.
Georgina Robinson
Criminal Injuries Compensation Tribunal
10 February 2023