The Criminal Injuries Compensation Authority was forced to think again this week when they lost an Appeal which was launched by Price Slater Gawne partner Victoria Price.
The CICA had refused the application of a 12 year old on the grounds that the application was made outside the usual 2 year – post injury- time limit. The CICA had rejected the claim on the grounds that the applicant’s adult representative should have made the application on his behalf during those 2 years.
Victoria Price argued that the CICA were wrong. She focused on the fact that it is the child that is the applicant and it the child’s situation that should be considered, not the adult representative’s. In addition she claimed that even though over 2 years has elapsed there was still a sufficient amount of evidence available to ensure that the claim can be fully and fairly investigated. The Appeal Judge agreed and the CICA have been ordered to proceed with the case.
Victoria and her client are very pleased with the outcome and look forward to moving the case forward now.
“This is such a crucial decision for this youngster and his family.” she said ” Whenever the CICA reject a case, the reasons must be scrutinised and challenged. Applicants must not give up until all the avenues have been explored”
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