The Court of Appeal will tomorrow consider 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.
AXO’s mother was killed by her former partner in 2011. AXO successfully applied for a criminal injuries compensation award in respect of her mother’s murder and later brought a civil claim against three state agencies under the Human Rights Act 1998 for breaches Article 2 and 3 ECHR in respect of state failings that occurred prior to her mother’s death.
Following the settlement of the civil claim, CICA sought to recover all of AXO’s damages on the basis that she had already received criminal injuries compensation for her mother’s death. AXO challenged that decision, first to the First-tier Tribunal and then by way of judicial review to the Upper Tribunal.
In the Court of Appeal, AXO will argue that CICA’s efforts to remove her Article 2 ECHR damages are unlawful, including because the requirement to relinquish them breaches her rights under Articles 2 and Article 1 Protocol 1 ECHR.