A Supreme Court appeal by the State against a High Court decision clearing the way for victims of the Hepatitis C scandal to appeal awards of the compensation tribunal did not proceed yesterday after the Chief Justice said he was disqualifying himself from hearing the matter.
Mr Justice Keane made the decision after lawyers for the Hepatitis C victim at the centre of the case queried whether he should be part of the appeal court given that he had been a member of a Superior Court Rules Committee which had dealt with issues related to the Hepatitis C Compensation Tribunal.
Mr Justice Keane was one of five judges due to hear the appeal and will give his reasons in court today as to why he disqualified himself. It is expected that a fresh date early in the new year will be set for the appeal, which will be heard by a court not including the Chief Justice.
The appeal before the Supreme Court has been brought by the Minister for Health and Children following a decision of the High Court last July that persons who accepted awards from the Hepatitis C Tribunal were not excluded from appealing those awards to the High Court.
So far, the tribunal has awarded more than €290 million to Hepatitis C victims. If the High Court decision stands, that figure could rise considerably if victims who got awards at the tribunal bring their claims to the courts and get higher compensation.
The court proceedings were brought in the name of one Hepatitis C victim who received an award of £125,000 from the tribunal and then sought to appeal that amount to the High Court. The Minister is arguing that the High Court has no jurisdiction to hear an appeal once the person signed an acceptance of the tribunal's award.