CervicalCheck Tribunal Act 2019
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Chapter 2 Making claim to Tribunal | ||
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Claims before Tribunal | ||
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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. |