MM v Criminal Injuries Compensation Authority

Compensation – Criminal injuries – Limitation. Court of Session: Granting a judicial review petition brought by a petitioner who had applied to the Criminal Injuries Compensation Authority (CICA) in 2014 in relation to an incident of rape which occurred in 1965 when she was aged 20, challenging the First-tier Tribunal (FTT)'s dismissal of her appeal against CICA's refusal to extend the 2-year time limit for applications, the court held that the FTT made no finding of fact on a crucial part of the petitioner's case, namely that as a victim of rape and sexual assault she had suffered psychological and emotional trauma which had, in effect, prevented her from reporting the matter to the authorities and, in consequence, discovering about and making a claim under the criminal injuries compensation scheme, and for that reason alone the FTT's decision could not stand.

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