R V CRIMINAL INJURIES COMPENSATION BOARD EX PARTE FOX UNREPORTED 8th February 1972
FACTS:-
This was an application for an Order of Certiorai in judicial review proceedings against the Criminal Injuries Compensation Board. The application concerned the meaning of the word “family”.
The Applicant had been assaulted by a man, with whom she had been living under the same roof. There was no blood relationship between them, nor were they married and their cohabitation was not continuous.
The Applicant’s application had been turned down because her injury (according to the CICB) had been caused by a person with whom she was living as a member of her own family.
Paragraph 7 of the 1969 Scheme provided:-
“Where the victims who suffered injuries and the offender who inflicted them were living together at the time as members of the same family, no compensation will be payable. For the purposes of this paragraph where a man and a woman were living together as man and wife they will be treated as if they were married to one another.”
HELD:-
Lord Widgery said that this issue was primarily a question of fact. The words “living together at the time as members of the same family” must be given its ordinary meaning. The application would be refused.
FACTS:-
This was an application for an Order of Certiorai in judicial review proceedings against the Criminal Injuries Compensation Board. The application concerned the meaning of the word “family”.
The Applicant had been assaulted by a man, with whom she had been living under the same roof. There was no blood relationship between them, nor were they married and their cohabitation was not continuous.
The Applicant’s application had been turned down because her injury (according to the CICB) had been caused by a person with whom she was living as a member of her own family.
Paragraph 7 of the 1969 Scheme provided:-
“Where the victims who suffered injuries and the offender who inflicted them were living together at the time as members of the same family, no compensation will be payable. For the purposes of this paragraph where a man and a woman were living together as man and wife they will be treated as if they were married to one another.”
HELD:-
Lord Widgery said that this issue was primarily a question of fact. The words “living together at the time as members of the same family” must be given its ordinary meaning. The application would be refused.