BOOK REVIEW: CRIMINAL INJURIES COMPENSATION: A PRACTITIONER’S GUIDE BY NEIL SUGARMAN

This book is an essential and much needed guide to those who have to navigate the Criminal Injuries Compensation Scheme. It is both lucid and comprehensive.   From our point of view it is practical.  My own view (if this does not give too much away at the outset) is that Neil Sugarman is to be congratulated for writing it.

THE BOOK

The practical parts

The book takes you through the history and background of the scheme, the administrative framework and the process for making an application.   Its real strength lies in its practical approach.  The book would be a worthwhile purchase if it consisted of the section on “Taking Instructions” alone, given the sage and practical advice that the reader is given.   It highlights the difficulties of the interaction with civil proceedings and civil claims.  In particular the fact that a client must be advised that they may have to repay an award if civil damages are successful.

However there is far more to the book than this the section of “Funding Representation” is equally practical “The important practice point is that a failure to investigate and discuss all possible methods of funding could lead to a suggestion of a breach of professional rules and could ultimately also result in a challenge to the recoverability of legal costs and disbursements by the client victim”. 

The legal parts

The emphasis I have given as to the practical guidance should not downplay the detailed exposition of the law in relation to establishing eligibility; the types of compensation; claims processing and complication of evidence.  Practitioners would be best advised to pay particular attention to the section on fatal claims, and victims of terror overseas, all of which require detailed knowledge.

THE CIVIL LITIGATION BRIEF TEST FOR BOOKS

1. Should you buy it?

If you are ever going to be involved in a CICA case it would be foolish not to.

2. Is it value for money?

Yes.  It cost £180.00. As I have said the initial guidance on taking and instructions and funding are worth that alone. They will save you a fortune in investigatory time and ensure you have the right funding model.

3. Where can I but it?

On the publisher’s website here. 

AN ASIDE – NO CHANGE IN THE UPPER LIMIT OF A CICA AWARD SINCE 1996 (COMPARE AND CONTRAST WITH – SAY – MP’S SALARIES…)

Some of us can remember when CICA awards were based on common law damages. When that changed in April 1996 an overall cap of damages of £500,000 was introduced. That cap has never changed.

The equivalent sum today would be some £1,015.284 using CPI.

If you want some rough equivalents (say) an MP’s salary in April 1996 was £34,085 it is £98,599 today.   The salary has risen 189% over the same period.

Those who attract the maximum award are likely to have had their entire lives devastated by criminal violence. I am leaving readers to draw their own conclusions…