The High Court has refused claims for interest on two substantial Hepatitis C and HIV Compensation Tribunal awards made to the widow and daughter of a deceased haemophiliac.
The man, identified as N.C., contracted Hepatitis C and HIV from blood and blood products administered in Ireland. He was diagnosed with HIV around 1985, with Hepatitis C in 1991, and died in January 1994.
In December 2003, the Tribunal awarded his widow €161,180.40 and his daughter €185,060.40 under headings including general damages, mental distress and the Reparation Fund.
Other family members appealed their awards. That created a practical problem because the compensation had been apportioned between several dependants. The Tribunal was willing to pay the widow and daughter, who accepted their awards, but considered that payment could not safely be made while appeals by other claimants remained capable of changing the allocation.
Those appeals generated further litigation and ultimately reached the Supreme Court. When the substantive appeal eventually returned to the High Court, the dissatisfied claimants withdrew it. The remaining issue was whether the widow and daughter should receive interest for the period during which their awards were unpaid.
Mr Justice Hanna rejected the claim on several grounds. Although the Tribunal has power under section 22 of the Courts Act 1981 to award discretionary interest, no application for such interest had been made to it in 2003. With no Tribunal decision on the issue, the High Court held that it had no jurisdiction on appeal to decide it for the first time.
The court also held that the automatic interest applying to court judgment debts under the Debtors (Ireland) Act 1840 did not extend to Tribunal awards without express legislation.
An earlier undertaking concerning interest expired with a temporary injunction in February 2004, while later correspondence from the Chief State Solicitor could not bind the independent Compensation Tribunal.
The applications for interest therefore failed.