The WLR Daily case summaries
[2024] WLR(D) 112
Court of Appeal
R (AXO, a child, by her litigation friend JXO) v First-tier Tribunal (Social Entitlement Chamber) (Criminal Injuries Compensation Authority as interested party)
[2024] EWCA Civ 226
2023 Nov 8, 9; 2024 March 11
Underhill, Moylan ,Whipple LJJ
Crime— Criminal Injuries Compensation Authority— Compensation, whether repayable— Claimant awarded compensation by CICA when mother murdered— Claimant bringing civil proceedings against state agencies for breach of Convention rights to life and protection from inhuman and degrading treatment— Parties settling claims with award of damages— CICA seeking to recover part of compensation paid from award “in respect of the same injury”— Whether right to deduct limited to situations of double recovery— Proper approach to determining whether double recovery between CICA compensation and award under Convention—
Criminal Injuries Compensation Scheme 2008, para 49(1)