Jurisdiction(s):
United Kingdom

Criminal Injuries Compensation Scheme 2012: Court of Appeal (England and Wales) clarifies medical re-opening: material change requires factual deterioration, not just improved understanding; deference to FTT; ECHR challenge rejected

Published on: 19 December 2025

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

R (on the application of LXR) v First Tier Tribunal (Social Entitlement Chamber) and others [2025] EWCA Civ 1608

What are the practical implications of this case?

The judgment, with its precise treatment of what medical evidence must show, underscores the core requirements for successfully re‑opening an earlier award. In re‑examining paragraphs 114 to 116 of the 2012 Scheme, Lord Justice Singh reviewed the principal authorities—Jones v FTT (SEC) [2018] EWCA Civ 2367, R v CICA ex parte Williams (C/1999/8155 27 June 2000) and R (Colefax) v FTT (SEC) [2014] EWCA Civ 945—which all merit attention when considering re‑opening. That said, the decision’s determinative points concerned the appellant’s particular medical presentation. It was argued for him that the psychiatric evidence before the FTT was capable of demonstrating a material alteration in his condition, brought about by gaining increased understanding and knowledge of the condition itself, which in turn affected his symptoms and produced a deterioration...

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