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Criminal Injuries Compensation Claims

2nd Edition
General Editor: Laura Begley
Availability: Published

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 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 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.


Contents

  1. 1: Introduction
  2.  
  3. Part I: Eligibility:
  4. 2: Crimes of violence
  5. 3: Trespass on a railway, law enforcement activities and use of a vehicle
  6. 4: Criminal injuries;
  7. 5: Family violence and other constraints on eligibility
  8. 6: Failure to report or co-operate
  9. 7: Conduct and character.
  10.  
  11. Part 2: Assessment of Compensation:
  12. 8: Assessment of compensation-injury awards
  13. 9: Compensation for loss of earnings and pension loss
  14. 10: Compensation for special expenses
  15. 11: Deductions
  16. 12: Compensation in fatal cases.
  17.  
  18. Part 3 – Procedure:
  19. 13: Jurisdiction, time limits and transitional provisions
  20. 14: Making an application for compensation
  21. 15: Seeking a review and time limits
  22. 16: Evidence and disclosure
  23. 17: Appealing against a review decision
  24. 18: The appeal hearing
  25. 19: Reconsideration and re-opening of final decisions
  26. 20: Further appeal routes
  27. 21: Administration of awards
  28. Index.

About the Author

Laura Begley is a barrister at 9 Gough Square and is regularly instructed in criminal injuries claims and has considerable experience of appeals before the First Tier Tribunal concerning matters of eligibility and quantum. She has been instructed in a number of judicial review claims against the tribunal and the authority before the Upper Tribunal and the Court of Appeal. The foreword is written by Tony Summers, Principal Judge of the Tribunals Panel.

£99.95

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Category

Dispute resolution

Published

25/10/2016

Publisher

Law Society

ISBN

9781784460297

Format

Paperback
592 Pages