C.M. -v- Minister for Health and Children [2017] IESC 76 (12 December 2017)

C.M. -v- Minister for Health and Children [2017] IESC 76 (12 December 2017)

The Minister's right to cross-appeal under section 5(15) of the Hepatitis C Compensation Tribunal Act 1997 is confined to the subject matter of the claimant's appeal and does not extend to issues, such as causation, not raised by the claimant. The statutory scheme, context, and remedial purpose of the Act support this interpretation. The Minister must formally cross-appeal only if seeking to challenge or reduce the award, not merely to uphold the Tribunal's decision.

Citation
[2017] IESC 76
Parties
Applicant/respondent: C. M.; Respondent/appellant: Minister for Health and Children
Jurisdiction
Ireland
Judgment Date
12 December 2017
Procedural Posture
Statutory Appeal (hepatitis C Compensation Tribunal Act 1997) / Supreme Court Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Right of Appeal Under Statutory Compensation Scheme, Scope of Cross Appeal by Minister, Interpretation of Remedial/redress Statutes
Administrative Law Statutory Interpretation Compensation Law Right of Appeal Under Statutory Compensation Scheme Scope of Cross Appeal by Minister Interpretation of Remedial/redress Statutes

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Parties

C. M.

Applicant/respondent

Minister for Health and Children

Respondent/appellant

Procedural Posture

Statutory Appeal (hepatitis C Compensation Tribunal Act 1997) / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the Minister may cross-appeal or appeal a finding of the Tribunal as to causation or quantum under section 5(15) of the Hepatitis C Compensation Tribunal Act 1997
  2. 2 Whether the Minister must formally cross-appeal in every appeal brought by a claimant where the Minister only wishes to uphold the Tribunal's decision

Ratio Decidendi

The Minister's right to cross-appeal under section 5(15) of the Hepatitis C Compensation Tribunal Act 1997 is confined to the subject matter of the claimant's appeal and does not extend to issues, such as causation, not raised by the claimant. The statutory scheme, context, and remedial purpose of the Act support this interpretation. The Minister must formally cross-appeal only if seeking to challenge or reduce the award, not merely to uphold the Tribunal's decision.

Court Disposition

Appeal dismissed

Orders

  • Supreme Court affirms High Court decision that the Minister may not cross-appeal on causation where the claimant's appeal is limited to quantum.
  • Certified questions answered: (1) The Minister may not cross-appeal or appeal a finding of the Tribunal as to causation or quantum under section 5(15) unless raised by the claimant; (2) The Minister need not formally cross-appeal if only seeking to uphold the Tribunal's decision.