Peiris, R (on the application of) v First-Tier Tribunal & Ors
[2023] EWCA Civ 1527
AXO, R (on the application of) v First-Tier Tribunal (Social Entitlement Chamber)
11 March 2024
[2024] EWCA Civ 226
Court of Appeal
A girl got money from CICA after her mom was murdered. She later got more money from the government for human rights violations. CICA wanted some of that money back. The court said CICA can only get back money if it's double-dipping—getting paid twice for the same thing. In this case, the girl was paid twice for her grief, but not for the loss of her mom's care. So, CICA only got back part of the money.
Key Facts
- •Axo, a child, received £25,500 from the Criminal Injuries Compensation Authority (CICA) after her mother was murdered.
- •Axo later received £15,000 in settlement of civil claims against state agencies for breaches of Articles 2 and 3 of the ECHR.
- •CICA sought repayment of part of the initial compensation, arguing the settlement was 'in respect of the same injury'.
- •The Upper Tribunal upheld CICA's claim for the £10,000 relating to the Article 2 claim (failure to protect Axo's mother), but not the £5,000 for the Article 3 claim (failure to investigate Axo's treatment).
Legal Principles
The right to recoup compensation from another source under Article 9 of the Compensation Convention arises only where there would otherwise be double compensation.
Article 9, Compensation Convention; paragraphs 48 and 49 of the 2008 Scheme
Convention damages are primarily to uphold human rights standards and vindicate rights, not solely to compensate for loss.
Greenfield, Van Colle, DSD
In determining double recovery, a broad brush approach is taken to compare CICA awards and Convention damages, considering the overall context and purpose of each award.
Varnava, Al-Jedda, DSD, Edwards, Rabone; paragraphs 48 and 49 of the 2008 Scheme
Outcomes
Appeal allowed in part.
CICA's right to repayment under paragraph 49(1) is limited to instances of double recovery. While the Article 2 HRA Damages and the CICA bereavement award both compensated for the appellant's mental suffering from her mother's death, there was no double recovery concerning the loss of parental services award. Therefore, CICA can only reclaim the bereavement award amount (£5,500).
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