Foilsiú
52452 (9 October 2022)
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: 52452
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 11 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, submitted by [ ] Solicitors, on the [ ], under the original Scheme, it was stated that the Applicant suffered injuries to the head, neck, face and upper back following an assault from an offender, called [ ], in [ ]. He said that he reported the matter to [ ] Garda Station. There is no Garda report on file.
3. No out-of-pocket expenses were submitted.
4. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.
5. The Applicant claims to have been the victim of crime on the [ ].
6. In circumstances where the Applicant reported the incident to the Gardaí, it is accepted, on the balance of probabilities, that the Applicant was the victim of a crime. It is also noted that the Applicant claims to have been treated in hospital following the attack.
7. The Applicant has not provided any out-of-pocket expenses.
8. The Tribunal wrote to the Applicant’s Solicitors on the [ ], seeking further information in relation to his claim. No response was received.
9. Further correspondence was sent to the Applicant’s Solicitor, [ ] on the [ ], asking whether the Applicant was pursuing his claim.
10. On the [ ], [ ] Solicitors replied and said that the file was sent to [ ] Solicitors in [ ].
11. The Tribunal then wrote to [ ] Solicitors on the [ ], seeking an update on the case. [ ] wrote back on the [ ], stating that they did not have instructions in this case.
12. The Tribunal then wrote to the Applicant directly on the [ ], asking him to reply in writing by the [ ], if he intended pursuing his claim. No reply has been received.
13. The Applicant has failed to provide the Tribunal with any update in relation to the queries raised in correspondence.
14. Paragraph 11 of the original scheme states 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 that it may require, and otherwise’.
15. The Applicant, in this case, has, unfortunately, not provided any reasonable assistance to the Tribunal in terms of updating the Tribunal regarding out-of-pocket expenses nor has he indicated whether he wishes to continue his claim, despite the Tribunal’s queries. In the circumstances, the Tribunal finds that no compensation is allowable in this case.
16. Based on the failure on the part of the Applicant to provide reasonable assistance to the Tribunal, the Tribunal cannot award compensation in this case.
Majella Twomey
Criminal Injuries Compensation Tribunal
9 October 2022