CICA

[Daisy86]

After a vicious and unprovoked assault 7 years ago my assailants were given suspended sentences. My injuries resulted in surgery to a broken wrist shoulder and elbow, i have now a significant disability to my left hand and arm. I was awarded approx £8600 for my injuries and Ptsd not lasting more than five years, but the CICA then reduced the award by £1900. In court the CPS barrister on my behalf requested the judge consider that I had substantial costs over a three year period for medical expenses and over 1000 miles travelling for consultations and three operations. The CPS had calculated an amount for this based on my travelling and appointments and they decided the amount. The award of £1900 was not associated with any injury it was as the CPS barrister said in court it was to put me back in a financial position if the assault had not happened. The judge agreed and my assailants were ordered to pay me that amount which they did. The Cica are insisting the amount can be taken of the injury award. I have appealed this along with my loss of earnings claim and a date is about to be set for the appeal hearing probably in April. The Cica have provided a legal authority under para 85 of the scheme in an attempt to confirm that the award should be reduced by the £1900 the authority is Upper Tribunal case VG v FTT & CICA 2017. I do not see how this legal authority is relevant in my situation but I need another legal authority if one exists to undermine their argument. They re basically saying that as the costs award of £1900 is associated with the injury claim it should be taken off the injury award amount. I need to argue my case at the tribunal can anyone assist or comment. It appears to be extremely unfair that Iam penalised in this manner. They are also disputing my sickness claims as my gp did not issue sickness certificates for the periods of my surgery. They are saying that is the only evidence they will accept although my medical records show I was having surgery at that time. Any construct advice on the award reduction would be appreciated with a counter legal authority. Thank you.*