Foilsiú
24115 (11 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: [ ]
Application number: 24115
Date of incident: [ ]
Date of application: [ ] received
Decision outcome: The application is dismissed under Article 21 and Article 9 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. The Applicant lodged an application for personal injuries with the Criminal Injuries Compensation Tribunal which was received on the [ ] via his Solicitors [ ] in respect of an incident which occurred on the [ ].
3. The Tribunal was notified of the incident on the [ ] but the application form was not received until the [ ].
4. The Applicant stated that on the [ ] as he was walking past number [ ] he was accosted by [ ] and his [ ]. He was attacked from behind and [ ] at that stage was said to have thrown [ ] at the Applicant which hit him in the ribs. He was subsequently kicked in the face resulting in a broken jaw on both sides and three teeth being knocked out.
5. He underwent an operation in [ ] Hospital under Professor [ ] and was an inpatient from the [ ] to the [ ].
6. He detailed on the application form that he incurred extra travelling expenses as a result of the injury in the sum of €590.
7. The Tribunal wrote to the Applicant’s Solicitors on the [ ] stating that they required original receipts for out of pocket expenses incurred as a result of the incident. This letter was sent to the Applicant’s original Solicitors [ ]. Subsequently a letter was received on the [ ] from [ ] & Company Solicitors indicating they now acted on behalf of the applicant. The Tribunal wrote to [ ] & Company solicitors on the [ ] enclosing a copy of the letter of the [ ] regarding expenses. No response was received to that correspondence.
8. On the [ ] the Tribunal wrote to [ ] & Company noting that nothing had been heard on this matter since the letter of the [ ] which issued from the Secretariat. A specific enquiry was made: “Please let us know if your client is continuing with this application and when we might be able to bring it forward.” Again no response was received to that. On the [ ] the Solicitors were again written to and requested to advise by the [ ] if their client intends pursuing his application to the Tribunal. They were further advised that the application would be forwarded to a Member for decision.
9. Article 20 of the scheme (previously Article 21) it provides “applications should be made as soon as possible but except in circumstances determined by the Tribunal to justify exceptional treatment not later than three months after the event giving rise to the injury.” No circumstances have been forwarded to the Tribunal for determination as to whether exceptional treatment applies in this case. The application was clearly lodged outside of the time limit.
10. In addition, Article 9 of the scheme provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than £50 (€63.50) should be awarded”.
11. No original receipts have been furnished to the Tribunal.
12. Article 23 (previously Article 24 of the Scheme) provides: “The Tribunal staff will process applications in the first instance and may seek all relevant information as to the circumstances of the injury either from the Applicant or otherwise.”
13. Finally Article 10 provides: “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”.
14. The application was clearly out of time and therefore does not meet the requirements of Article 21 (now Article 20) of the scheme. No circumstances were submitted to justify exceptional treatment. In addition even if the application did meet the requirements of Article 21 of the scheme it is impossible for the Tribunal to determine as a matter of probability that the requirements of Article 9 of the scheme have been met due to the failure of the Applicant to comply with Article 10 of the scheme.
15. Under the circumstances the application is dismissed under Article 21 and Article 9 of the scheme.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
11 April 2023