Publication
51666 (10 August 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 51666
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused pursuant to Article 21 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 Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant is a taxi driver who was working on the night of the incident. The Applicant arrived at [ ] at approximately 3am to collect a pre-booked fare. A male tried to hail the Applicant’s taxi but the Applicant continued driving. The male then slammed the roof of the taxi and kicked the door twice. The Applicant stopped his taxi to get a look at the male who continued to behave aggressively. The male then opened the door of the taxi to shout at the Applicant. The Applicant exited his taxi and pulled the male away before any more damage could be caused. A female then approached and hit the Applicant 3-4 times while he was holding the male. The male then punched the Applicant ‘numerous’ time in the face. The Applicant succeeded in wrestling the male to the ground but the female continued to strike the Applicant. Ultimately the Applicant was forced to let go of the male who ran off. The Applicant suffered injuries to his face which was bleeding and very sore. The Applicant has not submitted any medical report in respect of his injuries but states in his application form that he received several stitches to his face.
3. The incident was reported to Gardaí who arrived at the scene shortly after the incident. The Applicant identified his female assailant who herself identified the male assailant as her boyfriend. Both individuals were prosecuted but the Tribunal is unaware of the outcome of the prosecution. The Tribunal has not been informed of any compensation received by the Applicant arising out of the criminal process.
4. The Applicant has submitted a loss of earnings claim together with documentation and accounts from his accountant.
5. The last correspondence received by the Tribunal from the Applicant’s solicitor was dated [ ]. By letter dated [ ] the Tribunal wrote to the Applicant’s solicitor asking if the Applicant wished to pursue his application and giving the Applicant one month to respond. No response was received to this letter and the application was sent to a Tribunal member for decision.
6. Paragraph 21 of the Scheme states:
‘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….’
7. As can be seen, the application was required to have been made to the Tribunal by the Applicant promptly and no less than three months from the date of the incident. In this instance, the application ought to have been lodged with the Tribunal no later than by [ ]. The application was received by the Tribunal on [ ], over six months after the date of the incident giving rise to the alleged injuries.
8. There is an onus on an applicant who makes a claim under the Scheme to submit it in accordance with Paragraph 21. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the prevailing circumstances permit exceptional treatment of the application. In the instant case no explanation or circumstances have been put forward by the Applicant that would justify exceptional treatment and which would permit the Tribunal to exercise its discretion in favour of admitting the application under the Scheme. The Tribunal therefore refuses to admit the application under Paragraph 21 of the Scheme.
9. N/A.
10. N/A.
11. N/A.
12. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
10 August 2023