MA v Criminal Injuries Compensation Board

Compensation – Criminal injuries – Entitlement to compensation – 'Same roof rule' –Human rights – Discrimination. Court of Session: Refusing a reclaiming motion and a cross-appeal in judicial review proceedings by a petitioner who challenged the withholding of criminal injuries compensation to her on the basis that her injuries were inflicted by a family member of the same household before 1 October 1979, the court held that the Lord Ordinary had not erred in holding that the compensation claim came within the ambit of art 1 of the 1st Protocol to the European Convention on Human Rights, and it was satisfied that a reasonable and objective justification for interference with the appellant's right to property had been made out.

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