Robert Glancy QC and Georgina Hirsch in Supreme Court criminal injury compensation case

Robert Glancy QC and Georgina Hirsch appeared in the Supreme Court on 28 February in Gareth Owen Jones & FTT v CICA UKSC2011/0123 to defend an appeal by the Criminal Injuries Compensation Authority (CICA) on the question of whether an offence under Section 20 of the Offences Against the Persons Act 1861 (often referred to as ‘grievous bodily harm’) is a “crime of violence” for the purposes of the Criminal Injuries Compensation Scheme 2001.

Mr Jones had been catastrophically injured while driving on a motorway, as a result of collision resulting from Mr Hughes committing suicide, which was said to amount to a Section 20 offence.  Mr Jones failed in his application to the  CICA for compensation, and was also unsuccessful in his appeals to the FTT and UT in the award for compensation. Mr Glancy QC first represented him at the Court of Appeal, where he succeeded in overturning the lower decisions (subject to a remission back on a factual issue). The CICA appealled, seeking an in principal ruling from the Supreme Court so that that they would not have to award damages in all claims where the claimant had been injured by a Section 20 offence. The court’s decision is awaited.

The Government changed the Scheme in 2012 so that people in Mr Jones’ position will not be entitled to damages under the Scheme if they applied to the Scheme on or after 27 November 2012. An article by Robert and Georgina examining the implications of the Court of Appeal decision for the future of the Scheme can be seen here (Personal Injury Journal March 2012) and Georgina’s latest article on the changes to the scheme can be seen here (PI Brief Update Law Journal February 2013).

The instructing solicitors were Pattinson & Brewer.

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