Compensation
R (on the application of AXO (a child) (by her litigation friend)) v First- Tier Tribunal (Social Entitlement Chamber) and another [2024] EWCA Civ 226, [2024] All ER (D) 74 (Mar)
The Court of Appeal, Civil Division, ruled on the appellant’s appeal against the UT’s decision to permit the Criminal Injuries Compensation Authority (CICA) to reclaim a settlement award. The appellant’s mother had been subjected to domestic abuse by her ex-partner. The appellant was five years old when her mother was murdered by her ex-partner. The appellant had been awarded by the CICA for compensation. The appellant sought damages under the Human Rights Act 1998 against three state agencies for breach of arts 2 and 3 of the ECHR. The state defendants offered to settle for £15,000, with £10,000 of that amount related to the appellant’s claim for breach of art 2 and £5,000 for breach of art 3. CICA sought repayment of part of the CICA compensation out of the HRA damages asserting that the HRA damages had
