Hutchinson v Secretary of State

JurisdictionNorthern Ireland
Judgment Date01 January 1988
Date01 January 1988
CourtHigh Court (Northern Ireland)
(H.C.)
Hutchinson
and
Secretary of State

- Causation - Applicant a police officer - Applicant fell climbing wall while in pursuit of suspected terrorist - Whether injury "directly attributable"- Criminal Injuries (Compensation) (Northern Ireland) Order, 1977 (S.I. No. 1248, N.I. 15), art.2. (2).

The applicant was a police officer who was on duty in Londonderry at a time when the city was disturbed. The police had information that a bomb attack would be mounted on the police within the city walls. The applicant was at an entrance to the Cathedral when he saw one, and possibly another, figure inside the grounds and decided to pursue. The entrances being closed, the applicant tried to climb over a wall, but slipped from the top of the wall and injured his back on a metal crash barrier. The Secretary of State rejected the applicant's claim for compensation on the ground that his injury did not constitute a criminal injury within the meaning of Article 2 (2) of the Criminal Injuries (Compensation) (Northern Ireland) Order, 1977. Held that the applicant's injury was directly attributable to his attempted prevention of crime and consequently, there being no negligent...

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1 cases
  • Adams v Secretary of State for Northern Ireland
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 1 January 1990
    ...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 ......

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