Case details

A and B (Appellants) v Criminal Injuries Compensation Authority and another (Respondents)

Case ID: UKSC 2019/0055

Case summary

Issue

The Supreme Court is asked to decide whether excluding A and B, who are victims of human trafficking, from compensation under the Criminal Injuries Compensation Scheme:

  1. breaches Article 17 of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victim; and/or
  2. unjustifiably discriminates against A and B, in breach of Article 14 taken with Article 4 of the European Convention on Human Rights.

Facts

The appellants are brothers and Lithuanian nationals. In 2013 A and B were trafficked from Lithuania to the UK and subjected to labour exploitation and abuse.

Their status as victims of modern slavery and trafficking was confirmed in November 2013. After their traffickers were convicted, A and B applied for compensation under the 2012 iteration of the Criminal Injuries Compensation Scheme.

Their claims were rejected under the Scheme's rules as, at the time of their application, they both had an unspent conviction which had resulted in a custodial sentence. A and B brought judicial review claims challenging the lawfulness of the Scheme.

Their claims were dismissed by the High Court and the Court of Appeal. They now appeal to the Supreme Court.

Judgment appealed

[2018] EWCA Civ 1534

Parties

Appellant(s)

A and B

Respondent(s)

Criminal Injuries Compensation Authority and another

Appeal

Justices

Lord Lloyd-Jones, Lady Arden, Lord Kitchin, Lord Hamblen, Lord Burrows.

Hearing start date

11 Nov 2020

Hearing finish date

11 Nov 2020