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Lack of knowledge constituted exceptional circumstances for purposes of late application to Hepatitis C Tribunal
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Court of Appeal allows appeal of High Court decision on Hepatitis C Tribunal ruling which found the appellant (who lived a reclusive lifestyle and did not engage with newspapers, television or politics regarding current affairs) was out of time when he made his application for compensation to the tribunal, on the grounds that appellant’s lack of knowledge or ignorance of the existence of the Hepatitis Scheme is sufficient to constitute exceptional circumstances, meaning he should be permitted to bring his claim.
Limitation of actions – appeal of High Court decision on Hepatitis C Tribunal ruling – application pursuant to s. 4(15) of the Act of 1997 – appellant was out of time when he made his application – Tribunal had a discretion if it was satisfied that there were exceptional circumstances whereby it could extend the time – whether the mental or physical state of health of an appellant may be such as to amount to exceptional circumstances – does lack of knowledge or ignorance of the existence of the Hepatitis C Compensation Tribunal Scheme per se amount to exceptional circumstances – Hepatitis C Compensation Tribunal Act 1997 – Hepatitis C Compensation Tribunal Amendment Act 2002 – appellant’s lack of knowledge could and did amount to exceptional circumstances – appellant’s lack of knowledge or ignorance of the existence of the Hepatitis Scheme is sufficient to constitute exceptional circumstances – appeal allowed.
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