*Colefax v First Tier Tribunal (Social Entitlement Chamber) and another

Compensation – Criminal injuries. The appellant was physically injured in a violent assault. More than two years after the assault, he was diagnosed with post-traumatic epilepsy caused by the assault. He applied out of time to the criminal injuries compensation fund. His application was dismissed. The Court of Appeal, Civil Division, held that it was open to an applicant seeking a waiver in respect of a late claim under para 18 of the Criminal Injuries Compensation Scheme (2008) to show that, even if he had suffered some immediately apparent relatively minor injury, it had been reasonable for him, in his particular circumstances, not to have made it the subject of a compensation claim, even if another person in the same circumstances might reasonably have done so.

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