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High Court grants judicial review quashing separate decisions by the defendant rejecting compensation claims on the basis that they were made outside the two-year backstop time limit set by the relevant statutory scheme from the date of the violent criminal event causing injury, on the grounds that the replacement of the 1986 scheme governing compensation claims by the 2021 scheme breached the principle of effectiveness as it made it impossible for applicants to claim compensation when they could have done so immediately prior to the 2021 scheme being adopted.
Laws of compensation - practice and procedure - The Criminal Injuries Compensation Tribunal - does the two year backstop time limit from the date of the violent criminal event causing injury shut out the applicants claims whose injuries predated the adoption of the 2021 scheme - applicants did not make claims under Criminal Injuries Compensation Scheme 1986 - applicants seeking to quash decisions of the Criminal Injuries Compensation Tribunal to reject their compensation claims as they were made outside two year backstop time limit set by 2021 scheme - applicants argue that the 2021 scheme is unconstitutional by reason of the retrospective application - 2021 Scheme breached principle of effectiveness - 2021 made it impossible for applicants to claim compensation when they could have done so immediately prior to the 2021 scheme being adopted applicants succeed generally - entitled to costs.
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