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Crime Victim Wins Chance of Higher Compensation

Published: 19 June 2014, in categories: Personal Injury Updates | Legal Updates | News and Updates

A crime victim who was awarded more than £176,000 in compensation after a violent assault left her brain damaged, suffering from giddiness and deaf in one ear has been handed the chance of a bigger payout by the Upper Tribunal (UT).

The woman, who suffered cognitive impairment due to a severe blow to the head delivered by her assailant, had initially been awarded £181,246 by the Criminal Injuries Compensation Authority (CICA). However, that had been reduced on a variety of grounds to £176,425 by the First-tier Tribunal (FTT).

In allowing the woman’s appeal, the UT found that the FTT had strayed beyond its remit in substituting its own view as to the severity of her condition for that of the CICA. It had also erred in calculating the woman’s future loss of earnings and in making no award for the future costs of her care. In those circumstances, the matter was remitted to the FTT for reconsideration of the value of the award.

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