In CICA v Hutton and others the Court of Appeal has overturned the decision of the Upper Tribunal which itself quashed the FTT’s refusal of very late claims under the Criminal Injuries Compensation Scheme. The Court makes some important observations on the role of the UT and the scope of its jurisdiction in judicial review proceedings where the fact finding tribunal has made a detailed determination.
The UT is criticised in this case for arriving at a plainly untenable decision when it sought to overturn the factual evaluation undertaken by the FTT. The case is an important illustration of the policy of giving effect to the strict time limits contained in the scheme.
Owain Thomas QC appeared for CICA which contended that the UT had overstepped its jurisdiction in judicial review proceedings.