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Court of Appeal grants permission to appeal CICA recovery of Article 2 damages

Published:

The Court of Appeal has granted permission to the Appellant in the case of R (AXO) v FTT (Social Entitlement Chamber) & Another. The appeal arises from the decision of the Upper Tribunal, made on an application for judicial review: [2022] UKUT 265 (AAC). Granting permission, Dingemans LJ noted that there was a compelling reason to hear the appeal.

The Appellant’s mother was killed by her former partner. The Appellant successfully brought and settled Article 2 civil proceedings against three State defendants arising from the murder; the defendants had failed to protect the Appellant’s mother in the period prior to her murder. As a result of the settlement, the State defendants agreed to pay £10,000 in damages to the Appellant.

Following this settlement, the Criminal Injuries Compensation Authority (CICA) sought to recover all of the Appellant’s Article 2 damages on the basis that the Appellant had already received criminal injuries compensation. The Appellant challenged that decision, first to the First-tier Tribunal, then by judicial review to the Upper Tribunal, and now to the Court of Appeal.

In the Court of Appeal, the Appellant will argue that CICA’s efforts to remove her Article 2 damages are unlawful, including because the power relied on by CICA is ultra vires the Criminal Injuries Compensation Act 1995 and because the requirement to relinquish the Article 2 damages breaches the Appellant’s rights under Articles 2 and 13 ECHR, and under Article 1 Protocol 1 ECHR.

Richard Hermer KC and Jesse Nicholls are representing the Appellant, instructed by Sophie Naftalin of Bhatt Murphy.