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PI Brief Update

You May Delay, but Time Will Not. Benjamin Franklin - Sophie Beesley, Old Square Chambers

08/09/14. Colefax v First Tier Tribunal (Social Entitlement Chamber) & Anr v Criminal Injuries Compensation Authority [2014] EWCA Civ 945. The Criminal Injuries Compensation Authority deals with claims from those injured as a result of a violent crime. Mr Colefax’s case concerned the interpretation of paragraph 18 of the 2008 Scheme which sets a two-year time limit for making an application. If a claim is made out of time, there is discretion to waive the limit if an applicant can show (a) it is practicable for the application to be considered and (b) it was not reasonable to expect the application to have been made within the two-year period.

In May 2007, Mr Colefax was the victim of a violent assault. His head was pushed into a brick wall; he lost consciousness and suffered multiple jaw fractures and a wound over his right eye. In December 2007, he began to suffer symptoms of epilepsy, but it was not until September 2009 that he was advised that he was suffering from post-traumatic epilepsy which had been caused by the May 2007 assault.

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.