Robert Glancy QC wins Judicial Review in Court of Appeal
The Court of Appeal have handed down judgment in Gareth Owens Jones v First tier Tribunal & Criminal Injuries Compensation Authority [2011] EWCA Civ 400. Robert Glancy QC appeared for the successful Claimant. The judgment may be viewed here.
The Court of Appeal upheld Mr Jones right to compensation for the serious injuries he sustained when the vehicle he was driving was hit by a lorry which had swerved to avoid hitting a suicidal man (V) who had run onto a dual carriageway. V was killed. Mr Jones applied for compensation under the Criminal Injuries Compensation Scheme 2001. His application was refused on the basis that there had been no ‘crime of violence’. He appealed, claiming that V had inflicted grievous bodily harm contrary to the Offences against the Person Act 1861 s.20. The tribunal concluded that V’s act had not been a hostile act directed towards a person who suffered injury as a result and that there was no evidence that he had deliberately intended to cause harm to other road users. Mr Jones applied for judicial review and the Upper Tribunal concluded that the tribunal had made no error of law. Mr Jones made a further appeal to the Court of Appeal. The Court of Appeal found that the First tier Tribunal had erred when upholding a decision by the Criminal Injuries Compensation Authority not to award compensation to Mr Jones. In particular, the tribunal had erred in assuming that an intention to commit suicide was necessarily inconsistent with a deliberate intention to cause harm and was not therefore a crime of violence. The appeal has been allowed and an application for judicial review granted. The application has been remitted to the First tier Tribunal for consideration.
Robert Glancy QC was instructed by Pattinson & Brewer.
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