The High Court was asked to rule on a hepatitis C compensation case yesterday. It is to decide if a man who was awarded compensation by the Hepatitis C Compensation Tribunal can appeal to the High Court in the hope of obtaining a higher award, while at the same time keeping the original sum.
The issue came before Mr Justice O'Neill via a test case to decide whether such appeals may be taken by people who accepted compensation from the tribunal, which was set up in 1997. Judgment was reserved.
It was decided by the tribunal in late 1997 that the applicant should be paid compensation of some £125,000. Several other claimants who secured awards are awaiting the outcome of the present case and are likely to proceed with appeals to the High Court if it rules in the man's favour.
The State is opposing the application. It argues that if an award of the tribunal is accepted, it cannot then be appealed. There is also an objection that the man's appeal was not taken within one month of notification of the tribunal's decision.
Several other people with hepatitis C who have accepted compensation are keen to bring appeals to the High Court in the hope of receiving higher figures following court decisions which have increased sums for people who did not accept the amounts but appealed.
Much of the present hearing is linked to the interpretation of the rules relating to procedures under the Hepatitis C Compensation Act of 1997. The man involved in the present case argues that failure to adhere to the time limit for appeal attracts no penalty under the relevant rules.