In this matter the Plaintiff, a police officer, was a front seat passenger in a police car which was in pursuit of a stolen vehicle driven by Mr Gary Boyd, the first named defendant. During the pursuit the stolen car rammed the rear of the police car, forcing it off the road and causing it to collide with another police car. The Plaintiff alleged that he sustained injury loss and damage as a result of the collision and brought this action under Art 98 of the Road Traffic (Northern Ireland) Order 1981. Prior to initiating these proceedings, the Plaintiff lodged an application for compensation for criminal injuries with the Compensation Agency. The compensation application had not as yet been determined.
The Defendants argued that it was a misuse of the process of the High Court to initiate this action before the application to the Compensation Agency had concluded and they requested that the matter be struck out. They further submitted that this action, taken along with the application, could lead to the double compensation or unjust enrichment of the Plaintiff and requested that the action be stayed pending the outcome of the application.
Counsel for the Plaintiff argued that, although the facts giving rise to the Plaintiff’s claim was the same in both proceedings, the nature of the claim in this action and in the application to the Compensation Agency differed. Furthermore they argued that the Plaintiff would be likely to obtain a more favourable outcome from these proceedings. Counsel rejected the submission that the Plaintiff would be unjustly enriched or doubly compensated as Art 6(2) and 18 (1) of the Criminal Injuries (Compensation) (Northern Ireland) Order 1988 ensured that any sum paid out in this action would be deducted for any award received from the Compensation Agency.
Judge Weir accepted that Articles 6(2) and 18(1) ensured that the Plaintiff would only receive the greater of whichever sum was awarded to him from either these proceedings or the application to the Compensation Agency. Therefore he would not be doubly compensated or unjustly enriched. He further ruled that the Plaintiff should be allowed to choose which defendant to pursue without the interference of the Defendants. Finally Judge Weir stated that it was not a misuse of the process of the Court to initiate this action pending the determination of the application with the Compensation Agency. He believed that the Plaintiff was perfectly entitled to first apply to the Compensation Agency in order to comply with the strict time limit and then issue civil proceedings. He stated that it was a matter for the Plaintiff to decide which matter to pursue, or if both, in which order.