In the matter of the Victims of Crime (Financial Assistance) Act 1983 And in the matter of an application by LN by her litigation guardian EN

The applicant, LN, through her litigation guardian EN, sought special assistance under the Victims of Crime (Financial Assistance) Act 1983. LN, a victim of sexual offences, had a legal disability and required assistance to manage her financial affairs. The case required the court to decide whether to approve a proposed settlement or compromise and to determine the appropriate form of assistance for LN, given her ongoing mental harm and the statutory cap on awards.

The primary legal issues included whether the court should approve the proposed settlement or compromise, the appropriate level of assistance for LN considering her ongoing mental harm, and the interpretation of the statutory cap on awards. The court had to determine if the award should be limited to compensation for pain and suffering up to the date of the award or if it should consider future harm. Additionally, the court needed to interpret whether a scaling approach should be applied to the statutory cap on awards.

In addressing these issues, the court found that the proposed settlement or compromise was not approved under rule 282. The court held that the legislation did not indicate an intention to adopt a scaling approach for the statutory cap on awards. Therefore, the proper interpretation did not require such an approach. The court decided to adjourn the application to allow for further consideration of the appropriate form of assistance for LN.

The court's final orders were to not approve the proposed settlement or compromise and to adjourn the application for further consideration of the appropriate assistance for LN.