The Gazette 1992

GAZETTE

\ v

E NIC E

SEPTEMBER 1992

Criminal Injuries Compensation

Dear Editor,

The President of the Law Soceity's

recent call for an extension of the

Criminal Injuries Scheme as reported

in the July/August issue of the

Gazette

has caught my eye.

When practising in England I

pursued a number of claims with the

Criminal Injuries Compensation

Scheme in that country.

Paradoxically, upon returning to

practise in Ireland, my first

instruction was from a client resident

in Ireland who suffered injury as a

result of a crime committed in

London. The contrasting approach

of the two countries' similar schemes

is illustrated by the likely awards

payable in this particular case.

Taking the fact situation: H

(husband)

(Wife) and

(infant

child of

H+W).

H murders W (in

London), and is eventually convicted

and sentenced to life imprisonment.

I, then becomes effectively an

orphan, and is cared for by G (I's

grandmother), who witnessed some

of the criminal act and suffers minor

physical but more serious

psychological injuries.

Under the British scheme, I, as a

dependent of W can expect to

receive a bereavement award of STG

£7,500, and an additional award

based upon the financial dependency

of I to W. In addition, a

"reasonable s um" is payable in

respect of W's funeral expenses. G

can also claim compensation for her

physical and psychological injuries.

If the crime had happened in Lucan,

rather than London, neither

or G

would be eligible to claim under the

Irish scheme. The only financial

contribution of the State in this case

is an Orphan's Allowance of £32

payable to G who now cares for and

maintains I.

A further twist in this story is that

the Compensation Board in Britain

will not make any payment to G on

behalf of I, until G establishes

parental rights over I, by being

appointed

's guardian and

becoming a Ward of the Court. The

likely level of awards under the

British scheme is illustrated by

details I have received showing

awards of £750 for a broken nose,

£11,500 for total loss of hearing in

one ear and £20,000 for loss of one

eye.

Not only does "crime not pay", but

in Ireland being a victim of crime

does not pay either!

Yours etc.

JohnHussey

John Hussey & Co.

Fermoy

Co. Cork.

Objections & Requisitions on Title,

August, 1990 (Revised) Edition.

Dear Editor,

Requisition 23.5 of the above edition

states in relation to the Family

Home Protection Act, 1976, "Was

the property or any part thereof at

any time or does it presently

comprise the "family home" as

defined in the Act of any person

other than the Vendor or previous

owner on Title?"

This requisition fails to take into

account the High Court decision of

Mr Justice Gannon in

Guckian

-v-

Brennan

[1981

] IR 478

where he held

that in respect of Registered Land

there is no obligation on the

purchaser of such land to make

enquiries as to the validity under the

Family Home Protection Act, 1976

of prior transactions as the Register,

in the absence of actual fraud, is

conclusive as to the validity of any

such transaction.

Therefore in light of this decision

Requisition 23.5 should be amended

so that where it refers to Registered

Land enquiries should be confined in

respect of the 1976 Act to after the

current registered owner was

registered.

Yours etc.

John Kilraine,

BA, LLB,

Apprentice Solicitor.

Taylor's Hill,

Galway.

ÍT - ,

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