CervicalCheck Tribunal Act 2019
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Confirmation and publication of determinations | ||
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28. (1) Where— | ||
(a) a claimant in respect of whom an award has been made accepts the award, and | ||
(b) no other party to that claim, within the period specified in section 27 (2) (a), appeals to the High Court from the determination of the Tribunal, | ||
the Tribunal shall, as soon as practicable after the expiration of that period, by motion on notice to the parties to the claim, make an application in a summary manner to the High Court for confirmation of the determination. | ||
(2) Without prejudice to the generality of subsection (1), an application under that subsection shall be made in the prescribed form and manner, contain a notice of acceptance and shall be accompanied by a waiver in respect of the determination the subject of the application concerned. | ||
(3) The High Court shall, on the hearing of an application under subsection (1) confirm the determination unless the court considers that it is not in the interests of justice to do so. | ||
(4) Where at the date of the hearing of an application under subsection (1), there are proceedings pending in the High Court in respect of a claim, the subject matter of which, in whole or in part, relates to a claim to the Tribunal, the subject of the application concerned, the High Court shall, in respect of those proceedings, provide by order for the discontinuance of the proceedings concerned and may make such order as to the costs of those proceedings as it thinks fit. | ||
(5) Where a determination has been confirmed by the High Court under subsection (2) the Tribunal shall, subject to subsection (6), publish the determination in such form and manner as it considers appropriate. | ||
(6) Subject to section 20 (2), the Tribunal when making available to the public its determination shall exclude any information that identifies or that could reasonably lead to the identification of any of the parties, the subject matter of the determination concerned. | ||
(7) Subsection (4) is in addition to, and not in substitution for, any power of the High Court to discontinue proceedings before it. |