CICA v F-tT and RC (CIC); RN v F-tT and CICA (CIC)
| Jurisdiction | UK Non-devolved |
| Judge | Judge Gray |
| Neutral Citation | [2022] UKUT 103 (AAC) |
| Subject Matter | Criminal injuries compensation - other,Gray,P |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 16 May 2022 |
CICA v FTT and RC (CIC); RN v FTT and CICA (CIC)
[2022] UKUT 103 (AAC)
1
IN THE UPPER TRIBUNAL UA-2019-001594-CIC & UA-2020
ADMINISTRATIVE APPEALS CHAMBER 000600-CIC
Between:
First case
Applicant: Criminal Injuries Compensation Authority
v
Respondent: First-tier Tribunal
(Social Entitlement Chamber)
And
Interested Party: CC by his appointee RC
Second case
Applicant: RN
v
Respondent: First-tier Tribunal
(Social Entitlement Chamber)
And
Interested Party: Criminal Injuries Compensation Authority
Before: Upper Tribunal Judge Gray
Decision: 7 April 2022
Representation:
Criminal Injuries Compensation Authority Mr Ben Collins QC, Counsel
RC Miss Gilmartin, Counsel
RN Mr Robottom and Mr Yetman, Counsel
CICA v FTT and RC (CIC); RN v FTT and CICA (CIC)
[2022] UKUT 103 (AAC)
Case nos: UA-2019-001594-CIC & UA-2020-000600-CIC
2
DECISION
RC
I allow the application for judicial review by the Criminal Injuries Compensation
Authority. I quash the decision of the First-tier Tribunal sitting in Manchester
and made on 27 February 2019 under number C/1019/17/00064. I remake the
decision as follows: The application for a Criminal Injuries compensation award
is refused.
DECISION
RN
I refuse the application for Judicial Review by RN. The decision of the First-Tier
Tribunal (Social Entitlement Chamber) sitting at East London and made on 5
February 2020 under number C/1021/19/00305 is correct as a matter of law, and
it stands.
THE UPPER TRIBUNAL ORDERS that:
(1) No one shall publish or reveal the name or address of either RC or RN
or publish or reveal any information which would be likely to lead to the
identification of them or any member of their families in connection with these
proceedings. This decision itself may be made public.
(2) The provisions of the Sexual Offences (Amendment) Act 1992 apply to
these decisions. No matter relating to either complainant shall during that
person’s lifetime be included in any publication if it is likely to lead
members of the public to identify that person as the victim of a sexual
offence. This prohibition applies unless waived or lifted in accordance
with s.3 of the Act.
REASONS FOR DECISIONS
1. There are two applications before me. They are for judicial review of two separate
decisions of the of the Social Entitlement Chamber of the First-tier Tribunal (the FTT).
RC was heard in Manchester on 27 February 2019 under number C/1019/17/00064;
RN at the East London Tribunal on 5 February 2020 under number C/1021/19/00305.
The FTT is the formal respondent to each appeal, but by convention it does not take
part.
2. The two cases raise the same important point of law. Timing and listing difficulties
meant that I did not hear them together, but with the consent of the parties each hearing
proceeded separately over the CVP, the submissions in each case having been made
available to the parties in the other case. RC was heard first, and, again by agreement,
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