The Court of Appeal has handed down judgment in R(Peiris) v First-tier Tribunal, an Article 14 ECHR discrimination claim. Robert Moretto successfully represented the Ministry of Justice and CICA.
The Court of Appeal held that the differential treatment arising from the eligibility criteria for a bereavement payment under the Criminal Injuries Compensation Scheme is objectively justified. The criteria serve a legitimate aim, namely the provision of a system of compensation for victims of crime of violence which is sustainable. There is also a reasonable relationship of proportionality between the aim and the method sought to achieve that aim, that is requiring that an applicant for compensation to demonstrate a sufficient connection with the United Kingdom. The Upper Tribunal was therefore right to dismiss the claim for judicial review.
Click here to read the full judgment.
Robert was instructed by the Government Legal Department.
William Meade (Senior Clerk)