The front entrance to The Royal Courts of Justice (Picture: Getty)

A landmark case involving a severely disabled man born from incestuous rape has reached the Court of Appeal.

Last year, the Upper Tribunal said the 29-year-old, who can only be identified as Y, was eligible for an award under the Criminal Injuries Compensation Scheme.

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Y, whose mother was abused from the age of 11 by her own father, was born with a genetic disorder and has epilepsy, severe learning and development difficulties and hearing and sight problems.

In 1991, the father – Y’s grandfather – pleaded guilty to incest and was jailed for three years.


Y’s mother brought a successful claim under the Criminal Injuries Compensation Scheme as there is no dispute that the unlawful sexual violence against her was a criminal injury giving rise to compensation.



But, when her son, Y, tried seek damages on the basis that he had sustained personal injury directly attributable to a crime of violence, the Criminal Injuries Compensation Authority (CICA) rejected his application.

CICA said that the man could not be considered to be a victim of a crime of violence because he did not exist – i.e. he wasn’t born – at the time of the incident and his condition was not a result of the crime of violence against his mother.

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That decision was backed by the First Tier Tribunal but the Upper Tribunal sent the case back to CICA, which launched its appeal on Wednesday.

CICA’s counsel, Ben Collins QC, told Sir Brian Leveson, Lord Justice McFarlane and Lord Justice Henderson that, on any analysis, it was a very sad case.

‘While, on the one hand, it requires the parties and the court to deal with complex and difficult issues of law, the authority remains acutely conscious that it arises out of grave suffering on the part of Y and, in particular, his mother.

‘The authority’s approach to the law in no way detracts from its recognition of that.’

The contested appeal continues.