No CICA Compensation for Injured Foetus – The Court of Appeal rules

The Court of Appeal considered whether a child can make a claim to the Criminal Injuries Compensation Authority for injuries caused by its mother’s excessive alcohol consumption during her pregnancy – she had been consuming eight cans of strong lager and half a bottle of vodka a day.

Despite it being accepted that the child had suffered injuries, the CA found that it could not claim compensation from the CICA. The child was not ‘any other person’ for the purposes of s.23 of the Offences Against the Person Act 1861.