LHS (by his Litigation Friends and Deputies, JBO and SJB) v First Tier Tribunal (Criminal Injuries Compensation)

Compensation – Criminal injuries. The claimant sought judicial review of the decision of the defendant First-tier Tribunal (Criminal Injuries Compensation) (the FTT) that the appropriate discount rate for future loss in his claim for criminal injuries compensation was 2.5%. The Administrative Court, in dismissing the application, held that, properly construed, the Criminal Injuries Compensation Scheme meant that the discount rate should be whatever the rate happened to be in the civil courts at the time of assessment. As that was the discount rate determined by the Lord Chancellor, under s 1(1) of the Damages Act 1996, the FTT had rejected the claimant's arguments for substantially the right reasons.

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