The Court of Appeal has allowed an appellant to proceed with an application to the Hepatitis C Compensation Tribunal after finding that the circumstances explaining his lack of knowledge of the scheme amounted to exceptional circumstances.
The ex tempore judgment was delivered on 23 January 2018 by the President, with Peart J. and Hogan J. also agreeing that the appeal should be allowed. The appellant, identified in the judgment only as P.B., had applied for compensation outside the statutory three-year period by about five and a half months.
The Tribunal refused relief in May 2012. The High Court later dismissed the appellant’s appeal from that decision, finding that although he had significant mental health issues during the relevant period, those medical reasons did not explain why he failed to apply on time. The High Court had also recorded his account that he did not follow current affairs and watched television mainly for soaps. The Court of Appeal described aspects of his life as socially reclusive and withdrawn.
The appeal concerned the Tribunal’s discretion under section 4(15) of the Hepatitis C Compensation Tribunal Act 1997 to extend the application period where exceptional circumstances exist. The Court of Appeal said lack of knowledge of the scheme could not be excluded from consideration. It said the relevant question was why the appellant did not know about the scheme, rather than whether ignorance alone was enough.
The President considered the appellant’s withdrawal from public affairs capable of constituting exceptional circumstances. The judgment also said that, if those circumstances were insufficient on their own, the combination of his certified medical circumstances and social withdrawal could meet the threshold. The court noted that he applied expeditiously once he learned of the scheme.
The three judges allowed the appeal and permitted the appellant to proceed with his application to the Tribunal. The Court of Appeal did not itself decide the compensation claim or order an award; the Tribunal application may now proceed.