Limerick assault victim begins legal action against Criminal Injuries Compensation Tribunal

A LIMERICK man who suffered severe head injuries following an unprovoked attack after he left a pub has brought a legal challenge over his exclusion from a state scheme that compensates victims of violent crime.

The action has been brought by Sean Ambrose who claims that the Criminal Injuries Compensation Tribunal has wrongly held that it could not assess his claim for compensation.

Last year, the Tribunal held that Mr Ambrose had failed to properly engage with it and had not provided it with the documentation it requires to process his claim.

His initial claim for compensation under the scheme was made in 2017. However, he was not in a position to furnish other documents, including details of his loss and injury until 2021.

The Tribunal also refused to allow him to appeal its findings in relation to his claim.

In judicial review proceedings against the Tribunal, Mr Ambrose claims the respondent has breached his rights to fair procedures, constitutional procedures and legitimate expectation. 

He claims that he should have been given more time to make his compensation claim. He further claims that the Tribunal failed to take into account relevant factors including medical evidence that he has difficulties in processing his application due to his injuries.

The court heard that Mr Ambrose is a vulnerable person and that he required the assistance of others to provide the Tribunal with certain materials, as he had great difficulty in dealing with the paperwork.

It is also the plantiff's case that important correspondence regarding his appeal of the Tribunal's finding was sent by the Tribunal to Mr Ambrose's former address.

Mr Ambrose from Ballough, Newcastle West, sustained serious injuries, including brain trauma, following an attack in his hometown in August 2015.

His assailant was subsequently given an eight-year custodial sentence. 

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Represented by Conor Power SC, Cian Kelly Bl instructed by solicitor Eamon Dillon Mr Ambrose seeks various orders from the court including an order quashing the Tribunal's determination that the plaintiff had failed to engage with it, and that it was not possible for it to assess his claim. 

He also seeks orders quashing the Tribunal's decision not to allow him appeal that finding. 

He further seeks an order remitting his claim for compensation back to the Tribunal for a fresh consideration. 

The matter came before Ms Justice Niamh Hyland, who on an ex-parte basis, granted the plaintiff permission to bring his challenge.

The case will return before the court in November.