Judicial Review success for Louis Browne KC

July 9, 2026

Louis Browne KC from Exchange Chambers has successfully represented the Criminal Injuries Compensation Authority (CICA) in an Upper Tribunal judicial review concerning the reopening of criminal injuries compensation awards under the Criminal Injuries Compensation Scheme 2012.

The case, R (SP) v First-tier Tribunal and Criminal Injuries Compensation Authority [2026] UKUT 221 (AAC), concerned an application to judicially review a decision of the First-tier Tribunal, which had upheld CICA’s refusal to reopen a compensation award under paragraph 115(b) of the Criminal Injuries Compensation Scheme 2012.

The applicant had previously received an award for a disabling mental injury assessed as being long-term but not permanent. She later sought to reopen her claim following a subsequent diagnosis, arguing that there had been a material change in her condition.

The Upper Tribunal dismissed the application for judicial review. Although it found that the First-tier Tribunal had erred in law by failing to make an express finding on whether the applicant’s condition had become permanent, it concluded that the error was not material because no reasonable tribunal would have found, on the evidence available, that the condition had become permanent or justified a higher award.

The Tribunal also rejected the applicant’s argument that the proceedings had been procedurally unfair, finding that there was no obligation on the First-tier Tribunal to obtain further medical evidence before determining the appeal.

The judgment provides guidance on the application of paragraph 115(b) of the Criminal Injuries Compensation Scheme 2012, including the approach to applications to reopen awards where an applicant relies on a subsequent diagnosis. The decision considers how tribunals should assess whether there has been a material change in an applicant’s medical condition and whether allowing the original award to stand would give rise to an injustice.

Louis Browne KC was instructed by the Criminal Injuries Compensation Authority Legal Team.