High Court allows an appeal from the Hepatitis C and HIV Tribunal, and determines that a co-habitee was entitled to compensation as a "spouse", having contracted HIV from partner who had been infected by contaminated blood products.
Hepatitis C Compensation Tribunal Act 1997 – appeal from decision of Tribunal – infection of persons with HIV and Hepatitis from contaminated blood – right of children and spouses of infected persons to compensation – “spouse” defined in Act as including co-habiting partners - appellant cohabited for 6 months with infected person – appellant HIV-positive – – medical evidence that plaintiff co-habiting with partner at time of infection – whether duration of cohabitation sufficient for plaintiff to be compensated as spouse - whether “cohabiting” to be given its ordinary English meaning – whether definition of “cohabiting” contained in Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 to be relied upon – whether distinction between living together and co-habitation for purposes of 1997 Act – term to be given literal interpretation – appellant to be regarded as spouse within meaning of 1997 Act.