Satpal Roth-Sharma instructed by a client via the direct access scheme, recently presented a compelling case before the First Tier Tribunal, Criminal Injuries Compensation, resulting in a noteworthy success. The Tribunal granted her appeal, overturning the original decision by the Criminal Injuries Compensation Authority (CICA).
The Appellant, who discovered her father's murdered body in 2014, had initially been offered a considerably low sum of compensation. Dissatisfied with the CICA's decision, Satpal meticulously reviewed several years of medical records, therapy notes, and expert medical evidence, successfully persuading the Tribunal to reverse the initial ruling.
The First Tier Tribunal Judge not only allowed the appeal but also granted success in the appeal against the CICA's review decision. Consequently, the Appellant received a significantly higher compensation award, reflecting the seven years of enduring PTSD, anxiety, and low moods following the traumatic incident.
Despite Counsel for the CICA arguing that there was a shorter duration of injury—less than 2 years and no more than 5—the Tribunal sided with Satpal. This decision, had it been upheld, would have left the Appellant at a disadvantage. While the Tribunal did not find a disabling permanent injury, they did agree with Satpal that the mental injury was disabling for more than 5 years post-incident.
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