IR2-7 Response Accepted Self-assessed

No Exemplary Damages but Court Access Preserved

Recommendation

I recommend that there should be no award for exemplary damages, though it should remain open to a claimant to pursue such a claim in the courts irrespective of whether they make a claim on the scheme.

Published Evidence Summary
The following publicly available evidence relates to this recommendation:
According to UK Parliament (2025-12-31), the government established the Infected Blood Compensation Authority (IBCA) through the Victims and Prisoners Act 2024, with three sets of compensation regulations coming into force in August 2024, March 2025, and December 2025. According to Gov.uk progress updates (17 Dec 2024; 14 May 2025), the scheme does not provide for exemplary damages, and claimants retain their right to pursue legal claims in the courts. As of January 2026, according to the IBCA Community Update (2026-01-15), the IBCA had paid £1.89 billion to 2,861 people.
How was this assessed?
Assessed by gemini-2.5-flash on 19 Mar 2026
Checked data held on this site (government responses, progress updates, independent evidence)
External sources searched: www.gov.uk, www.legislation.gov.uk, hansard.parliament.uk
Jurisdiction
UK-wide
Response
Accepted
Accepted UK Government Initial Response
17 Dec 2024

There is no award for exemplary damages, as recommended by the Second Interim Report in recommendation 7.

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Accepted UK Government Follow-up
14 May 2025

The scheme does not provide for exemplary damages. Claimants retain the right to pursue legal claims in the courts.

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Progress Timeline
Official Report
17 Dec 2024

Implemented - no exemplary damages in scheme; court access preserved.

Source
Published Evidence

Published assessments of implementation progress from inspectorates, select committees, official progress reports, and other sources. Check the source type badge to see whether each assessment is independent or government self-reported.

Good Progress
15 Jan 2026
IBCA Community Update Other

As of 13 January 2026: 3,721 people asked to start claims, 3,546 begun process, 3,074 received offers totalling £2.47bn, 2,861 paid totalling £1.89bn. Third compensation regulations in force 31 December 2025.

View detailed findings

IBCA exceeded initial expectations. Three sets of regulations now in force covering infected persons, affected persons, and supplementary routes. £11.8bn committed in October 2024 Budget. Independent review found "very creditable progress."

IBCA Community Update, 15 January 2026 View Source
Good Progress
31 Dec 2025
UK Parliament legislation

Victims and Prisoners Act 2024 established IBCA. Three sets of scheme regulations in force (Aug 2024, Mar 2025, Dec 2025). First payments December 2024. £1.89bn paid to 2,861 people by January 2026.

Infected Blood Compensation Scheme Regulations 20… View Source
Reasonable Progress
28 Oct 2025
IBCA Independent Review Other

IBCA has contacted 2,215 people to begin compensation claims; 1,934 started process. £812m+ paid via Horizon Shortfall Scheme. £11.8bn committed in Autumn Budget.

View detailed findings

IBCA exceeded expectations for first cohort and established operational service with "compassionate ethos." Target: bulk of infected payments by 2027, affected by 2029. Third compensation scheme regulations came into law 31 December 2025.

IBCA CO-Sponsored Independent Review Report, Octo… View Source
Source
Inquiry Infected Blood Inquiry
Report Second Interim Report 05 Apr 2023
View Source
Responsible Bodies
UK Government Primary
Themes & Tags
Judicial Capacity Shortages Clinical negligence harms learning Compensation Legal Rights
Recommendation age 3.0 yrs
Last formal update 14 May 2025