Adams v Secretary of State for Northern Ireland
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1990 |
| Date | 01 January 1990 |
| Court | Court of Appeal (Northern Ireland) |
- Causation - Injury sustained during evacuation from site of suspect bomb - Whether cause of injury attributable to the "prevention or attempted prevention of a criminal offence" - Criminal Injuries (Compensation) (Northern Ireland) Order, 1977 (S.I. No. 1248, N.I. 15), art. 2 (2).
- Compensation - Refusal - Duty of court -Whether restrictions on nature of appeal - Interpretation Act (Northern Ireland), 1954 (c. 33), s.22 - Criminal Injuries (Compensation) (Northern Ireland) Order, 1977 (S.I. No. 1248, N.I. 15), arts. 3 (2) (a), 14 - County Courts (Northern Ireland) Order, 1980 (S.I. No. 397, N.I. 36), Part 3.
On 5 July, 1987, the respondent was evacuated from her home as there was a suspect bomb in a nearby car. On returning to her house some time later, she fell on or near a pavement, fracturing her left femur and as a result, she suffered a number of disabling and painful consequences. The respondent made a claim in respect of her injury under the Criminal Injuries (Compensation) (Northern Ireland) Order, 1977, and was awarded £20,000 compensation by the county court judge. The Secretary of State for Northern Ireland appealed the award and the respondent cross appealed claiming that the compensation awarded was inadequate. Held, allowing the appeal and dismissing the respondent's cross appeal, that, 1, the placing of a hoax bomb in a car was not a "violent offence" within Article 2 (2) (a). 2. The security forces, in dealing with the hoax bomb, were engaged in the prevention or attempted prevention of an offence within Article 2 (2) (b) of the Order but it could not be said that the respondent, in cooperating with the security forces by evacuating her house at their request and remaining out until the "all clear" was given, was so engaged. R. v. Criminal Injuries Board ex parte InceUNK[1973] 3 All E.R. 808, Hutchinson v. Secretary of StateDNI [1988] N.I. 560, Martin v. Ministry of Home AffairsDNI [1979] N.I. 172 and Niland v. Secretary of StateDNI [1982] N.I. 181 distinguished. 3. It was a question of fact whether the respondent's injury was "directly attributable" within the meaning of Article 2 (2). The substantial and the effective cause of the respondent's fall was the act of putting her foot in a pothole and it was an act far too unconnected with and extraneous to the "prevention or attempted prevention of an offence" to...
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