Courts / Dublin / Report
Time limit provision should have been made for victims of violent crime applying for compensation
Summary
Two Dublin men, Philip Bowes and Jason Dunphy, who suffered serious injuries in violent attacks, successfully challenged the High Court's refusal to consider their applications for compensation under the State's Criminal Injuries Compensation Scheme. The men were told they were ineligible because their applications were made after the scheme's time limit. Mr Justice David Holland ruled that the scheme's 2021 amendment, which introduced a strict two‑year limit, lacked a transitional provision allowing extensions for exceptional circumstances. He found this breach of the legal principle of effectiveness and that the State could not impose such a limit without proper safeguards. The court did not address the scheme's constitutionality and awarded the men their legal costs. The decision leaves pending similar cases from other victims whose applications were also rejected on the same grounds.
Who, what, where, when and why
What: Report matter: Time limit provision should have been made for victims of violent crime applying for compensation. Procedural stage: trial
When:
- December 27th, 2018 Incident
- 26th April 2019 Incident
- April 2021 Hearing Or Sentence
- 2022-12-21 Publication
Why: The men had been told that they did not qualify for the scheme because their applications came outside the time limit. CNI source report
Case subjects
Applicant
Applicant
Places mentioned
- High Court
Topics
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