Woman refused rise in medical award

A woman who was awarded £205,000 by the Hepatitis C Compensation Tribunal in 1996 has failed in a High Court attempt to have …

A woman who was awarded £205,000 by the Hepatitis C Compensation Tribunal in 1996 has failed in a High Court attempt to have the award increased by £25,000.

The woman had secured compensation from the tribunal in 1996 but made no claim at that time for travelling expenses for medical appointments. Her solicitors later sought to claim for more than £25,000 to meet those expenses.

The tribunal refused that application and the woman appealed to the High Court.

Delivering judgment yesterday, the President of the High Court, Mr Justice Morris, noted that, as part of the 1996 award made to the woman, she had secured £35,000 for home-help expenses in the future.

READ MORE

The award was made prior to legislation in 1998 which provided for free home help for persons such as the applicant, he said.

If that legislation had been in operation at the time, he was satisfied the tribunal would not have allowed for home-help expenses. The tribunal had rectified the situation by preventing the woman from claiming travelling expenses.

The judge said he was satisfied the tribunal had acted within its discretion and refused leave to re-enter the application.

Having being told by counsel for the tribunal that he had instructions not to apply for costs, the judge made no order in that respect.