Ryan v Compensation Tribunal

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1997
• Date: 01 January 1997

(H.C.)

Ryan

and

Compensation Tribunal

- Appropriateness of remedy - Discretionary remedy - Whether certiorari appropriate where no practical benefit for applicant -Non- statutory tribunal - Ex gratia payments - Award of compensation - Whether award unreasonable -Whether error of law on face of award - Role of court in reviewing award - Factors to be taken into account in calculating level of award - Whether voluntary assistance of claimant's family relevant factor -Relevance of statutory benefits in calculating claimant's previous income - Whether tribunal entitled to reject evidence - Civil Liability (Amendment) Act, 1964 (No. 17), s. 2 - Health (Amendment) Act, 1996 (No. 15), s. 2.

The government established a tribunal under a non- statutory scheme to compensate certain persons who had contracted hepatitis C from the use of human immunoglobulin anti-D. The scheme provided for the making of ex gratia payments. Awards of the tribunal were to be calculated by reference to the principles which govern the measure of damages in the law of tort. The applicant, who had contracted hepatitis C as a result of an injection of contaminated anti-D in 1978, made a claim to the tribunal. The tribunal made a decision to award her the sum of IR£205,000 made up as follows: future loss of earnings IR£25,000; provision of help in the home IR£35,000; nursing care IR£5,000; and general damages IR£140,000. In determining the sums for future loss of earnings and the provision of help in the...