Foilsiú
F/54432 (17 April 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: [ ] in respect of [ ] (Deceased)
Application number: F/54432
Date of death: [ ]
Date of application: [ ]
Decision outcome: Application 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’). The application is made in relation to the death of her long-term partner, [ ] (‘the deceased’), who at the time of his death was aged [ ] years of age. The deceased died having sustained [ ]. The incident, in a domestic setting, occurred on [ ]. On [ ], an offender was convicted of the deceased’s manslaughter. He received a [ ] year sentence of imprisonment, the final [ ] years of which was to be suspended.
2. The application bundle contained birth certificates for the applicant as well as for others who wished to assert a claim as dependents of the deceased under the Scheme. In total, birth certificates for five persons were on file. The birth certificates for the remaining 13 were not on file. Upon direction of the Single Member, by way of letter dated [ ], the Secretariat to the Tribunal wrote to the applicant’s solicitors seeking the outstanding birth certificates. No response was received. The Secretariat wrote again requesting the same information by way of letter dated [ ]. Again, no response was received. Two telephone calls were made which were unsuccessful in obtaining the outstanding birth certificates.
3. The Scheme permits applications for compensation by a dependent in circumstances where the deceased has died as a result of crime of violence. With exceptions which are, for present purposes irrelevant, the Scheme awards damages on the basis set out under the Civil Liabilities Acts. In the context of a fatal claim, the term ‘dependent’ is defined by virtue of s47(1) of the Civil Liability Act 1961.
4. It is therefore necessary for the applicant to provide to the Tribunal the birth certificates of all dependents who might be entitled to an award of damages under the Scheme where, as here, the deceased died as a result of a crime of violence. That requirement was set out by the Tribunal in correspondence and telephone calls to the applicant’s solicitors as set out above. No response was forthcoming.
5. Paragraph 11 of the Scheme provides, ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
6. The application form, signed by the applicant, confirmed her acceptance that she would provide all reasonable assistance to the Tribunal in the progression of the claim under the Scheme.
7. Having reviewed the correspondence, the Tribunal is satisfied, on the basis of the above, that the applicant has failed to comply with the duty imposed upon her pursuant to paragraph 11 of the Scheme and that, as a result, no compensation can be paid in respect of this application.
8. NA.
9. NA.
10. NA.
11. Nil. Application refused under paragraph 11 of the scheme.
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
17 April 2023