Courts / Dublin / Report
Test cases sought in victim compensation scheme challenges
Summary
In a High Court trial-stage proceeding, Mr Justice Charles Meenan granted ex-parte leave to three applicants to challenge their exclusion from the State compensation scheme. The applicants, Anthony Duff, Ian Dunne, and Mark McNevin, are alleged to have been victims of serious assaults in 2004, 2008, and 2018, respectively. They claim the Criminal Injuries Compensation Tribunal unlawfully refused their applications because they were submitted outside the allowed time limit. The applicants argue that changes to the scheme in April 2021, which introduced an absolute two-year limit, constitute a retrospective and unlawful interference with their rights. They seek orders quashing the refusals and declarations that the Tribunal breached fair procedures and natural justice. The judge requested that counsel identify one or two lead actions to determine all issues and save court time. Counsel agreed that hearing a lead action was the best approach. The matters were all adjourned to a date in early February.
Who, what, where, when and why
What: Report matter: Test cases sought in victim compensation scheme challenges. Procedural stage: trial
When:
- November 2004 Incident
- November 2018 Incident
- April 2021 Other
- 2021-12-20 Publication
Why: To date, some nine challenges have been brought against refusals by the Criminal Injuries Compensation Tribunal to compensate victims of crimes, including assault and sexual assault, because they were made outside the allowed time limit. CNI source report
Case subjects
Applicant
Applicant
Outcome: The matters were all adjourned to a date in early February.
Applicant
Outcome: The matters were all adjourned to a date in early February.
Places mentioned
- High Court
- Doon
- Poppintree
- Ballymun
- Dublin
- Seskin View Road
- Wicklow
Topics
Related court reports
- Pair jailed for preying on innocent shooting victim in 'vicious extortion racket'
- 'Fun loving' drug dealer jailed over possession of €90k in crime cash
- 'I'm doing my job as a mum': court hears exchange between mother and accused son
- Separated husband spared conviction despite alleged threat to throw former wife out window
- Serial criminal set car ablaze after release from Melanie McCarthy-McNamara manslaughter sentence
- Drug dealer further sentenced for 'crudely' laundering own crime cash
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request