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Same Roof Rule to be abolished following successful challenge by Fenella Morris QC and Nicola Kohn
The Ministry of Justice has announced plans to scrap the so-called “same roof rule” which prevents victims of crime at the hands of assailants with whom they have shared the same roof as members of the same family from recovering criminal injury compensation to which they would otherwise be entitled.
The news comes weeks after the MOJ announced it would not be appealing the Court of Appeal judgment in JT v FTT [2018] EWCA Civ 1735, a successful challenge on innovative grounds by Fenella Morris QC and Nicola Kohn to the same roof rule.
The MOJ said on 9 September, that “all victims of violent crime should receive the help & support needed to rebuild their lives. That’s why we’re reviewing the Criminal Injuries Compensation Scheme & planning to abolish an outdated rule that unfairly held victims back.” This reflects the argument made by the Appellant in JT v FTT: that the retention of the same roof rule was discriminatory against those who shared the same roof as violent criminals – particularly the children and step children of such criminals – and that the discrimination was wholly unjustified.
39 Essex Chambers is delighted by this news and the role its members played in bringing about this transformative change to the legal landscape.
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