Y's Application (The mother of X)
| Jurisdiction | Northern Ireland |
| Judge | Girvan LJ |
| Judgment Date | 03 April 2009 |
| Neutral Citation | [2009] NICA 22 |
| Date | 03 April 2009 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2009 |
1
Neutral Citation No.: [2009] NICA 22 Ref:
GIR7464
Judgment: approved by the Court for handing down Delivered:
03/04/09
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
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ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN
IRELAND
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QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
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Y’s Application (The mother of X) [2009] NICA 22
AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW BY
X THE MOTHER OF Y
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AND IN THE MATTER OF A DECISION OF THE CRIMINAL INJURIES
COMPENSATION APPEALS PANEL FOR NORTHERN IRELAND
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Before: Higgins LJ, Girvan LJ and Morgan J
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GIRVAN LJ
Introduction
[1] This is an appeal from the decision of Gillen J refusing the appellant
leave to apply for judicial review of a decision of the Criminal Injuries
Compensation Panel for Northern Ireland (“the Panel”). The Panel by its
decision of 11 February 2008 refused her application for compensation for
mental and nervous shock and physical injury which it was alleged she
sustained as a result of being raped on 11 August 2004. The Panel provided
more detailed written reasons subsequent to its decision at the request of the
appellant on 12 March 2008.
The relevant provisions of the scheme
[2] The Northern Ireland Criminal Injuries Compensation Scheme 2002
(“the Scheme”) makes provision for the payment of compensation to a person
who has sustained a criminal injury. To qualify as a criminal injury an injury
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