E & L Kennedy - Latest News


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Recall of DePuy ASR Hip Replacements

If you have had a hip replacement and have been, or are concerned that you may be, affected by  the recent recall of the DePuy ASR  (Articular Surface Replacement) or if you have been contacted by a hospital in respect of the removal of a hip implant following the recall,  contact us for advice in respect of your legal rights.

Successful Judicial Review of Compensation Agency Decision to Refuse Criminal Injury Compensation

We have recently won an application for Judicial Review of a Decision by the Criminal Injuries Compensation Appeals Panel Northern Ireland (CICAPNI) in respect of classification of scarring injuries.  In brief, our client suffered serious scarring injuries following a brutal assault.  We lodged an application for compensation which was referred to the CICAPNI.  The Panel however classified our client’s injuries at a lower tariff of ‘significant’ scarring despite our contention that the injuries should properly fall within a higher tariff of ‘serious’ scarring.   We lodged a Judicial Review on behalf of our client on the grounds that the decision of the CICAPNI was unlawful and unreasonable.  Mr Justice Treacy granted our application, quashing the decision of the CICAPNI.  The Court criticised the CICAPNI for failing to adhere correctly to the terms of the Criminal Injuries Compensation Scheme.  Indeed the Court found that the CICAPNI had “set the bar too high” in respect of scarring injuries by finding that only “repulsive” type scarring would fall under the category of serious.  Mr Justice Treacy concluded that such a requirement was “unhelpful and misleading” as it furnished a restrictive definition of serious which is conspicuously absent from the scheme.
This successful challenge of the CICAPNI is an extremely important Judgement and will no doubt have far-reaching implications on any future scarring claims against the Compensation Agency and CICAPNI.

To view the judgement in full click here .