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Practice Directions

Hepatitis Litigation


1. This Practice Direction applies generally to Hepatitis Litigation, that is to say any action for damages for personal injury arising out of the infection of a person by the hepatitis 'B' and/or hepatitis 'C' virus which is alleged to have arisen from the supply of blood, blood products or body parts by or on behalf of the National Blood Authority (or its predecessors), a health authority, an NHS Trust or the Department of Health, or from cross-infection by a health case worker for whom a health authority or an NHS Trust is liable or vicariously liable.

Actions in the High Court

2. All Interlocutory proceedings in such actions commenced in the High Court will be heard at the Queen's Bench Division of the High Court at the Royal Courts of Justice by Master Eyre.

3. All Hepatitis Litigation cases which are not already proceeding in the Queen's Bench Division at the Royal Courts of Justice should be transferred there.
Actions in county courts
4. It is appropriate that existing actions commenced in any county court be transferred to the Queen's Bench Division of the High Court at the Royal Courts of Justice.


New Actions

5. Any new actions to which this Practice Direction applies should be commenced in the Queen's Bench Division of the High Court at the Royal Courts of Justice.

6. All writs must be clearly marked "Hepatitis Litigation".

7. The Court on considering the transfer of any actions from district registries or county courts will have regard to any prejudice a party may suffer as to costs.
Concurrence
8. The Lord Chancellor has signified his concurrence with paragraph 4 above.

The Lord Chief Justice
30 July 1998



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