Published 16th March 2023

Court of Appeal grants permission to appeal CICA recovery of Article 2 damages

The Court of Appeal has granted permission to the Appellant in the case of R (AXO) v FTT (Social Entitlement Chamber) & Another. The appeal arises from the decision of the Upper Tribunal, made on an application for judicial review: [2022] UKUT 265 (AAC). Granting permission, Dingemans LJ noted that there was a compelling reason to hear the appeal.

AXO’s mother was murdered by her former partner. Following the death, AXO recovered an award from the Criminal Injuries Compensation Authority (CICA) in respect of her mother’s death. She later successfully brought and settled Article 2 civil proceedings against three State defendants arising out of failings prior to her mother’s murder.

Following the settlement, CICA sought to recover AXO’s Article 2 damages on the basis that the CICA award and the Article 2 damages arose out of the same injury and did not reflect separate losses. AXO challenged that decision, first to the First-tier Tribunal, then by judicial review to the Upper Tribunal, and now to the Court of Appeal.

Sophie Naftalin represents AXO.

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