CervicalCheck Tribunal Act 2019

Chapter 2

Making claim to Tribunal

Claims before Tribunal

11. (1) Subject to section 12 and subsection (2), an appropriate person may, in the prescribed form and manner, make a claim for compensation to the Tribunal—

(a) seeking damages for negligence, breach of duty, breach of statutory duty or breach of contract arising from any act or omission concerning CervicalCheck, or

(b) seeking damages for the alleged negligence or breach of duty arising from an alleged failure to inform the relevant woman concerned or, where she has died, a dependant of the relevant woman concerned of the results of the retrospective CervicalCheck cytology clinical audit.

(2) Where a person has received an award (other than an award under the CervicalCheck non-disclosure ex-gratia scheme) from any court or settlement in respect of any action arising out of any circumstances which could give rise to a claim before the Tribunal, the person shall not be entitled to make a claim to, or be heard by, the Tribunal.