[2013] EWCA Civ 1040

The phrase "witnessed and was present on the occasion when the other person sustained the injury" in para.9(b)(ii) of the Criminal Injuries Compensation Scheme, which covered secondary victims, referred to the occasion of the commission of the crime of violence and did not embrace later consequences of that event; thus, where the primary victim suffered an epileptic fit after a head injury sustained in an assault, a putative secondary victim could not claim compensation for witnessing the fit.

CA (Civ Div) (Laws LJ, Lewison LJ, McFarlane LJ)

13/06/2013