Foilsiú
52895 (30 November 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 Panel of the Tribunal at First Instance
Name of applicant: [ ]
Application number: 52895
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Total award in the sum of €571,192
1. Mr. [ ] (‘the Applicant’) with the assistance of his Solicitor has made an application for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The Applicant suffered a traumatic brain injury following a criminal assault on his person.
3. In the statement of Detective/ Garda [ ] dated [ ] it is stated as follows:
‘From the gathering of CCTV, forensic and eye-witness accounts, it has been proven that [ ] entered [ ] in the early hours of the [ ] when he was set upon by [ ] who horrifically assaulted and kicked him to the ground [ ] persons have been charged with assault causing harm and robbery.’
4. A preliminary issue arises in relation to the late submission of this application (the application was submitted significantly outside the three-month period allowed under the scheme). Paragraph 20 however provides that a late application may be admitted if the Tribunal determines that the circumstances justify exceptional treatment. The matter of what circumstances was considered by the High Court in the case of Bowes v The Criminal Injuries Compensation Tribunal. In accordance with that guidance the Tribunal is satisfied that the serious nature of the injuries suffered by the Applicant (a serious acquired brain injury) and his extended recovery from same are such in this case as to justify the admission of this late application for consideration under the Terms of the Scheme.
5. In the course of this application for compensation, an extensive number of expert reports were assembled. This was fitting given the seriousness of the injuries sustained by the Applicant.
6. The Tribunal considered the paper file which was sent to it by the Secretariat to the Tribunal. In particular, the Tribunal had regard to the following:
a. Expert reports commissioned on the Applicant’s behalf by his solicitors:
i. Medical Report of Dr. [ ] dated [ ];
ii. Medical Report of Dr. [ ] dated [ ]
iii. Medical Report of Dr. [ ] dated [ ]
iv. Medical Reports of Dr. [ ] dated the [ ] and the [ ].
v. Report [ ] Hospital dated [ ]
vi. Report [ ] Hospital dated [ ]
vii. Medical Report [ ] Clinic dated [ ]
viii. Vocational Assessors report dated [ ]
ix. Correspondence [ ] Brain Injury Service
x. MRI report [ ] Clinic [ ]
xi. Chiropractor’s Report dated [ ]
xii. Report of [ ] dated [ ]
xiii. Letter/addendum [ ] dated [ ]
b. Report prepared on behalf of the Tribunal:
i. Occupational Therapy Assessment Report: Ms. [ ], dated [ ].
7. [ ] sustained a traumatic brain injury. He was treated initially at [ ] Hospital and subsequently referred to the [ ] Hospital where he underwent inpatient treatment from the [ ] to the [ ], a [ ] week period.
8. At the date of incident Mr. [ ] was a father to [ ] -and resided with his [ ]. He was employed as a [ ]. Mr. [ ] has no previous convictions and was the innocent victim of an entirely horrific assault.
9. The application is now considered by a three-member panel of the Tribunal under paragraph 24 of the Scheme. This is because it was considered by the Tribunal that any award to the Applicant would likely be in the sum of €75,000 or more.
10. Under this heading, the Tribunal notes the reasoning as set out in the report of [ ] ([ ]) which is based on the following assumptions.
a) The Applicant is unfit for work (even light work) and will not return to employment.
b) But for the injury the Applicant would have remained in the workforce until 68 years
c) The Applicant’s employment would be uninterrupted throughout the calendar year
d) The Applicant will continue to receive invalidity pension in the sum of €209 per week from the Department of Social Protection
11. Due to the level of incapacity, it is noted the Applicant suffers a net weekly loss of income in the sum of €481. Accepting that the Applicant would likely have continued in this employment until 68 years, the Applicant’s total future loss of earnings from the date of reporting to retiring at 68 years is calculated at €551,226. The report specifically notes this valuation is by way of approximation only and does not take into account a Reddy v Bates contingency deduction. The Tribunal considers a Reddy v Bates contingency deduction of 20 percent appropriate. This is particularly in light of the temporality of the Applicant’s employment history as evident on his P60 documentation provided to and considered by the Tribunal. Applying the said deduction to the headline sum – the Tribunal’s award in respect of future loss of earnings is therefore €440,981.
12. Under this heading, the Tribunal notes the calculation of €231,867, as set out in the supplementary report of [ ]. From this sum Social Welfare benefits received during this period are deductible as are the sums the Applicant actually earned in [ ] and [ ]. Courts Act interest does not arise in this case. Accordingly, the sum claimed in regard to past loss of earnings amounts to €125,161 (€231,867 - €30,321- €76,386).
13. Under this heading, the Tribunal has noted the vouching documents submitted by the Applicant’s solicitors and directs that such expenditure as discharged by same be refunded to the solicitor from this award.
That sum amounts to
Report of [ ] - €2,706
Report of [ ] - €676.50
Receipt Dr [ ] [ ] - €595
Receipt [ ] [ ] - €922.50
14. Further miscellaneous (untallied) receipts and invoices have been submitted in regard to physiotherapy, dental and pharmaceutical expenditure. The sum of €150 is allowed in respect of same.
Total Expenditure awarded: €5,050
15. The Tribunal therefore identified the Applicant’s losses under the following heads:
Loss of earnings into the future: €440,981
Past loss of earnings: €125,161
Expenditure Incurred - €5,050
Total Award: €571,192
Georgina Robinson Solicitor, Elizabeth Davey BL, David Culleton Solicitor
Criminal Injuries Compensation Tribunal
30 November 2023