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 these initially.
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 this decision.
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