Publication
51148 (19 July 2022)
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: 51148
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award.
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant alleges that he was the victim of an assault by a doorman outside [ ] Pub in [ ].
3. The applicant allegedly received a blow to the back in the head which rendered him unconscious. He attended A&E in [ ] Hospital. He was kept in overnight.
4. The applicant advises that the incident was reported to [ ] Garda Station. It is unknown if the Gardai ever charged the alleged perpetrator.
5. The applicant was not employed at the time of the incident. He is making a claim in respect of damaged clothing. No vouchers have been provided to the Tribunal.
6. The applicant advised the Tribunal that he was contemplating civil proceedings. It is unknown if the applicant actually pursued a civil case or received compensation from any party or entity regarding this incident. If the applicant was successful with his civil proceedings, the Tribunal should have been immediately advised of this, together with immediate confirmation on whether he intended to continue with his claim under this Scheme.
7. The Tribunal wrote to the applicant’s solicitor on the [ ] advising that the certificate of authority was not signed. The Tribunal wrote to the applicant again on [ ] and enquired if the applicant wished to pursue his application. The Tribunal advised the applicant that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received from the applicant to this correspondence.
8. Paragraph 11 of the (pre-April 2021) Scheme states 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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers, documentary proof of any losses claimed, an update on the position of any civil proceedings, a signed certificate of authority where a third party is instructed to act, and all relevant information requested, to enable the Tribunal to sufficiently conclude the claim.
9. The Tribunal finds that the applicant has failed to provide the Tribunal with all reasonable assistance with a view towards progressing and finalising his claim. In such circumstances, paragraphs 11 of the Scheme will apply. For this reason, the Tribunal dismisses this application.
10. In circumstances where the application has been dismissed for contravening paragraph 11, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might also apply to this matter or make any determination on the assessment of out-of-pocket expenses.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
19 July 2022