Court of Appeal declares ‘same roof rule’ invalid in criminal injury claim (JT v First-Tier Tribunal (Equality and Human Rights Commission intervening))

Table of contents

• What are the practical implications of the case?
• What was the background?
• What did the court decide?

Article summary

Personal Injury analysis: Nicola Kohn, barrister at of 39 Essex Chambers, examines the Court of Appeal’s declaration that the rule at paragraph 19 of the Criminal Injuries Compensation Scheme 2012 (CICS 2012), which prevents victims of a criminal injury sustained before 1 October 1979 from receiving compensation if they were then living with the assailant as members of the same family, should be treated as having no effect on the appellant’s claim for compensation.