NM v FtT and CICA: [2022] UKUT 107 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Ward on 14 April 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 9 May 2022

• Categories: Criminal injuries compensation
• Sub-categories: Criminal injuries compensation - other
• Judges: Ward, C
• Decision date: 14 April 2022

Read the full decision in UA-2019-002632-CIC.

Judicial Summary

The First-tier Tribunal was upheld in refusing to re-open an award, relying on paragraphs 56 and 57 of the 2001 Scheme. Points considered include: (a) the scope of General Note 5 to the Tariff - CICA v FtT and ML [2017] UKUT 206 applied; (b) the approach to “further extensive enquiries” in paragraph 57 of the Scheme; (c) the nature of “injustice” in para 56; (d) the evidential value of a time-limited award of Personal Independence Payment to prognosis - DT v Department for Communities (PIP) [2021] NICom 54 applied.

Published 9 May 2022