The State could be liable for millions of euros in increased compensation to hepatitis C victims if the High Court decides to lift time limits for appeals against tribunal awards. A test case is being taken on behalf of a hepatitis victim by a solicitor, Mr Raymond Bradley.
His firm, Malcolmson Law, yesterday represented two people who had their compensation from the Hepatitis C Compensation Tribunal doubled yesterday in a ruling by Mr Justice Iarfhlaith O'Neill which was critical of both the Minister for Health and Children and the tribunal itself.
The significance of yesterday's ruling is that it upheld the victims' appeals after the time allowed had run out. The compensation tribunal was set up in the mid-1990s to grant awards to victims of hepatitis C contracted from contaminated blood or blood products.
In 1997, the time allowed for an appeal against a tribunal award was reduced by the Minister from six months to one. The two cases were previously before the High Court in January and June 2001 respectively. Although they were outside the time limit, the amounts awarded - believed to run into six figures - were almost doubled yesterday, it is believed.
The Minister, Mr Martin, refused to make the stipulated payments on the grounds that the appeal period had over-run. In addition, the hepatitis victims concerned had already accepted the tribunal awards in writing. In a written judgment, Mr Justice O'Neill said "this unfortunate state of affairs" had been brought about by the tribunal's failure to notify the Minister that awards had been made.
He held that the Minister had to bear some of the responsibility for failing to ensure that a "proper and effective" system of communication was in place through which the tribunal could inform him that awards had been accepted.
In a statement last night, Mr Martin said: " In view of the criticisms in the judgment, the judgment has been referred to the compensation tribunal for their observations." He is also examining the judgment.
When a claimant accepted an award, they waived their right of appeal to the High Court, the statement said. "In these cases, the waivers were signed and the awards were duly paid. Both recipients subsequently appealed and were advised by the tribunal that as they had accepted their awards they had no further right of appeal."