Sam Karim KC and Jasmine Skander represented the Appellant in an appeal concerning the proper construction of paragraph 42(b) of the CICA 2001 Scheme. The appeal raises important questions as to the scope of the provision for bereaved child applicants who have lost a parent upon whom they depended, to a crime of violence. In the present appeal, the bereaved child had additional needs due to a pre-existing disability. The Court of Appeal clarified the scope of paragraph 42(b) which is applicable to the 1996, 2001 and 2008 Schemes and concluded that because the need for adapted accommodation arose due to his pre-existing congenital disability and other medical problems rather than the unlawful killing of his mother, it was irrecoverable. The Court of Appeal also clarified whether an extension to accommodation is beyond the scope of an ‘adaptation’ to accommodation. The guidance in this regard is applicable to special expense claims across all the CICA schemes from 1996 to date.
The judgment can be found at: https://caselaw.nationalarchives.gov.uk/ewca/civ/2025/1160
Further information can be obtained from Steve Loxton: [email protected]
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