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Challenge by The Criminal Injuries Compensation Authority to a First Tier Tribunal Decision to Re-Open a Case Closed by the CICB In 1997 - E A Gumbel QC - 1 Crown Office Row

11/01/17. The Queen On The Application Of Criminal Injuries Compensation Authority V First-Tier Tribunal (Criminal Injuries Compensation) and MB (Interested Party) [2016] EWHC 2745 (Admin)

The background to this case was that a man known as MB had been sexually abused as a child by a man called Andrew Fairley. The abuse had taken place between 1988 and 1992 when MB had been between 10 and 14 years of age. On 31 May 1996 Mr Andrew Farlie was convicted of charges of indecent assault relating to MB. MB had never received compensation in respect of these assaults. An application had been made in 1996 with the assistance of MB’s father but on 27 June 1997 the application had been rejected by the CICB on the ground that MB had not co-operated with the police. The decision was curious in the light of the conviction but MB claimed he was unaware of it and therefore never challenged it. It was not until 2010 that MB instructed Mr Bridge of Farleys to make a claim on his behalf. In the intervening years MB had suffered from mental health problems including paranoid schizophrenia, depression, suicide attempts, drug and alcohol abuse.

The history was complex and various applications were made to the CICA relating to the abuse of MB by Mr Fairley and other abusers. In January 2014 an application was made to appeal the decision made in 1997 that MB had not co-operated with the police. The application came before Tribunal Judge Storey on 28 April 2015 to allow MB an oral hearing in which to seek to challenge the decision of the CICB made on 25 June 1997.

The decision that was the subject of the Judicial review application was the conclusion of District Judge Storey that:

I am satisfied that the interests of justice demand that the Applicant be given the opportunity to challenge the decision of the Board dated 25 June 1997 at an oral hearing and to prove to the requisite standard that he did cooperate with the police in bringing the assailant to justice.”...

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