A core participant client of Milners Solicitors has issued a claim against IBCA, seeking a declaration from the court as to the correct interpretation of Level 3 Hepatitis. The Additional Report on Compensation explained that the courts ultimately decide what the legislative meaning is.
The Chair of the Inquiry, Sir Brian Langstaff, has invited Jenni Richards KC, Counsel to the Inquiry, to set out in a written submission the legal basis for the Chair’s view on this issue, as expressed in the Additional Report on Compensation.
Sir Brian has now written to both parties and invited them to show the letter and submission to the judge hearing the case. The submission does not discuss the impact of infection with Hepatitis because it is the correct interpretation of the Regulations that is the issue that is before the court.
You can read the letter and submission.