Court of Appeal, Civil Division
Arden LJ, Black LJ, Briggs LJ
8 July 2014
The Criminal Injuries Compensation Authority (CICA) had been
entitled not to waive the two year time limit for an application under the CICA
scheme, even though the applicant’s epilepsy was diagnosed after two years, as
he had suffered other serious injuries and should have brought a claim for
The applicant had suffered head injuries in a violent assault
and two years later was diagnosed with post-traumatic epilepsy. He then made an
application for compensation to the CICA.
The application was rejected on the basis that the applicant had
suffered some other serious injuries and, although the diagnosis of epilepsy
had been made after the two year time limit for making an application, he had
suffered other serious injuries and a claim could have and should have been
lodged earlier. The applicant appealed
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