Louis Browne KC appears for CICA as First-tier Tribunal dismiss claim to re-open historic compensation award

April 16, 2026

Louis Browne KC from Exchange Chambers has successfully acted for the Criminal Injuries Compensation Authority (CICA) at the First-tier Tribunal in securing the dismissal of an application under paragraph 13 of the Criminal Injuries Compensation Scheme 1990 to re-open an historic award made in the 1990s.

The case centred on whether the applicant’s condition – diagnosed as Short-lasting Unilateral Neuralgiform Headache Attacks with Autonomic Symptoms (“SUNA”), a rare and severe neurological disorder – and its alleged deterioration decades after the index assault were directly attributable to that incident.

On behalf of the CICA, Louis Browne KC submitted that, on the totality of the evidence, the applicant had failed to discharge the burden of proving that his condition was directly attributable to the index assault, such that the application to re-open should be dismissed.

In a detailed judgment, the Tribunal concluded that while there had been a serious change in the applicant’s medical condition, it was not directly attributable to the original assault, and the application to re-open was therefore refused.

The decision provides important guidance on the strict requirements for re-opening claims under paragraph 13 and highlights the high evidential threshold in cases involving complex and late-diagnosed neurological conditions.