Recommendation IR2-9: Status of Awards and Legal Rights
From Second Interim Report, published 5 April 2023.
Recommendation
I recommend that, with reference to the status of awards: a) eligible infected and affected persons should not be required to accept the offer of an award in full and final settlement of any right to pursue legal actions related to the infection; b) any accepted scheme award should be set off against any entitlement to damages for the same subject matter; c) the availability of an award under the scheme should be a factor to which the court could have regard when determining liability for costs in any court proceedings related to the infection.
In brief (written by this site)
The UK Government stated in December 2024 that acceptance of an award does not require applicants to waive their right to pursue litigation, and that infected persons may return to IBCA for reassessment at any time if their condition deteriorates following an initial assessment (Cabinet Office response, Dec 2024). The record holds no update since the UK Government's response of December 2024 (Cabinet Office response, Dec 2024).
Sources
AI-generated summary of the record on this page, checked by a second model and automatic checks, 26 Sep 2026. The record below is the sources' own words.
Government response
In line with recommendations 9 and 10 of the Second Interim Report, acceptance of an award does not require applicants to waive their right to pursue litigation. In defined circumstances, if an infected person's condition deteriorates after their compensation award has been assessed, they will be able to return to IBCA for reassessment to determine whether they are eligible for an additional compensation payment. A reassessment following a health deterioration will be possible at any time, regardless of the time that has passed since a person's initial assessment.
Delivery
No statement on delivery from UK Government has been found in the sources searched (last checked 11 June 2026). This is separate from the response above.
Responsible bodies
Themes and tags
Who has spoken
- UK Government
Response