52294 (11 November 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: 52294
Date of incident: [ ]
Date received: [ ]
Decision: No award.
1. The applicant’s claim to the tribunal arises out of an incident in a nightclub where she was assaulted. The matter was reported to the gardai however the assailant was not identified and no criminal prosecution took place.
2. On [ ] the tribunal wrote to the applicant’s solicitor and acknowledged receipt of the application.
3. On [ ] the tribunal wrote to the applicant’s solicitor and enclosed a copy of the garda report. The tribunal also requested documentary evidence of the applicant’s expenses and an update on the civil proceedings. The tribunal did not receive a reply to this letter.
4. On [ ] the tribunal wrote to the applicant’s solicitor asking if the applicant wished to pursue her claim. The tribunal did not receive a reply to this letter.
5. Paragraph 11 of the Scheme provides 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.”
6. The applicant has failed to engage with the tribunal in relation to her claim. Necessary documentation associated with the claim has not been submitted as requested. I am of the opinion that all reasonable assistance has not been provided to the tribunal in relation to this application. It is for the applicant to establish her case and that has not been done. I make no award.
Signed: Elizabeth Davey
Date: 11 November 2022