Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court makes declaration that the Criminal Injuries Compensation Scheme 2021 transgressed the principle of effectiveness as: (a) it had abolished without notice the arguable cases which the applicants had for compensation under the Criminal Injuries Compensation Scheme 1986 and; (b) that there was a failure to make transitional provision allowing a period within which potential applicants for compensation might seek to avail of an extension of time within which to apply for compensation.
High Court - judicial review - applicants argued that right to compensation was an EU law right - whether the implementation of the 2021 Scheme breached the principles of equivalence and effectiveness as general principles of EU law - applicants had, immediately prior to the adoption of the 2021 Scheme, an arguable case for an extension of time in their favour such that they could prosecute under the 1986 Scheme their claims for compensation to which EU law presumptively entitled them - immediately upon the adoption of the 2021 Scheme and without notice, the applicants were deprived of that right.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only fast reporting service for all Irish judgments over the past ten years. Click here to request a subscription.
Register Now