- Compensation conundrum—deciphering denied claims under ECHR (McNiece v Criminal Injuries Compensation Authority)
- Original news
- What was the background to this claim?
- Why is this decision of interest for lawyers?
- What were the key issues in these joint claims?
- What did the court decide? Does the decision clarify the law in this area?
- What are the practical implications of the decision? What should lawyers take note of?
- Are there any trends emerging in this area? Do you have any predictions for the future?
Personal Injury analysis: Under what circumstances can a denied claim under the criminal injuries compensation scheme be challenged through Article 1 of the first protocol to the European Convention on Human Rights (ECHR)? Benjamin Tankel of 39 Essex Chambers appeared for the claimant in McNiece, and comments on its implications.
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