Criminal Law

Criminal Injuries Compensation Claims, 2nd Edition

Edited by Laura Begley · Aileen Downey · Clare Padley
Law Society Publishing October 2016

Specifications

ISBN-13
9781784460297
Publisher
Law Society Publishing
Publication
October 2016
Format
Paperback , 224 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This is a practical and comprehensive guide to making a claim under the government’s tariff based scheme for compensating victims of violent crime.

This new edition uniquely pulls together, in one handy volume, the original 1996 tariff based scheme, the 2001 scheme, the 2008 scheme and the tribunal rules that accompany it, as well as the latest 2012 scheme.

Divided into three sections - eligibility, assessment of compensation, and the procedural aspects of the scheme - this text provides a one-stop source of information for all those practising in this field.

Considered the definitive book on the subject, its key features include:

  • commentary on all the recent judicial review decisions
  • detailed guidance on the approach of the authority and the First Tier Tribunal to some of the more difficult issues of interpretation of the schemes
  • specific guidance on the approach to and calculation of an applicants’ losses
  • detailed summaries of relevant case law
  • practical advice on preparing, obtaining evidence for and presenting claims
  • detailed reference to the procedural rules, practice directions and the Guides to each Scheme.

This is essential reading for practitioners looking to improve their applicants’ chances of receiving the appropriate compensation.

Table of Contents

Part 1 - Eligibility: 
1. Introduction; 
2. Crimes of violence and other eligibility criteria;
Part 2 - Assessment of compensation:
3. Injury awards;
4. Compensation for loss of earnings;
5. Special expenses and deductions;
6. Compensation in fatal cases;
Part 3 - Procedure:
7. Making applications under the 2008 Scheme;
8. Review of decisions;
9. Reconsideration and re-opening of final decisions;
10. Appealing against CICA decisions;
11. Procedural rules for appeal hearings;
Appendices.

About the Author

aura Begley is a barrister at 9 Gough Square and co-author of Criminal Injuries Compensation Claims (Law Society, 2005). She is an experienced personal injury and clinical negligence practitioner. She is frequently instructed in appeals in criminal injuries claims and regularly appears before the First Tier Tribunal - Criminal Injuries. Laura is a contributing editor to Kemp Personal Injury Law Practice and Procedure, and Kemp and Kemp The Quantum of Damages.

Aileen Downey is a barrister at 9 Gough Square. She is an experienced personal injury and family practitioner with a particular interest in criminal injuries claims. In her family practice, Aileen specialises in child abuse cases, and regularly represents the subjects of care proceedings at subsequent CICA tribunals. She is frequently instructed in appeals in criminal injuries claims and regularly appears before the First Tier Tribunal - Criminal Injuries. She also sits as a Recorder in the Crown Court.

Clare Padley is a barrister at 9 Gough Square and co-author of Criminal Injuries Compensation Claims (Law Society, 2005). She is currently a non-practising barrister but continues to undertake legal writing work. Clare spent many years practising in the field of personal injury work and retains a particular interest in criminal injuries compensation claims.

Reviews

"This handbook is essential and welcome source of information and guidance in this sensitive and fraught area of law."

Phillip Taylor, barrister, Richmond Green Chambers

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