Deductible compensation from previous litigation

When calculating a compensation award, the regulations require the Infected Blood Compensation Authority (IBCA) to deduct previous compensation and settlements paid in certain circumstances. This does not include settlement payments made through previous or current support schemes.

Compensation or settlement payments made as part of certain group litigation cases are deductible, as well as certain compensation or settlement payments made in individual cases.

We'll add any further decisions about group litigation cases to this page. Decisions about compensation or settlements which only relate to an individual case will not be published.

Telling your claim manager

We will always ask for information on previous compensation or settlement payments at the declaration stage of the claim. If your claim manager is unsure if specific payments are deductible in line with the regulations, they will get advice from IBCA's legal team and tell you the outcome.

Please tell your claim manager about any previous compensation or settlement payments received as an individual or as part of a group claim, even if you're unsure whether or not it is relevant. You do not need all of the details. Your claim manager can contact your legal representative for you.

If a previous compensation or settlement figure has been deducted from compensation but it is later found you received a lower amount from the litigation than was thought, IBCA will review the claim.

Group litigation cases

Compensation or settlement payments made as part of the following group litigation cases are deductible from an infected person's compensation award. However, any legal costs that were incurred through the group litigation will not be deducted from an award.

A and Others v National Blood Authority and Another

In this case 114 people sought damages arising out of their infection with hepatitis C. The claims were brought under the Consumer Protection Act and were successful. The claim concluded in 2001.

Lieff Cabraser pharmaceutical company litigation

Claims were brought on behalf of people who contracted HIV and/or hepatitis C from infected Factor VIII and IX blood products. The defendants were American pharmaceutical companies. The claim concluded in 2009.

Find out more (Lieff Cabraser website).