CervicalCheck Tribunal Act 2019
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Awards of Tribunal - applicable principles, etc. | ||
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17. (1) An award may be made by the Tribunal to a claimant. | ||
(2) An award of the Tribunal shall be made on the same basis and calculated by reference to— | ||
(a) the same principles which govern the measure of damages in the law of tort, breach of statutory duty, breach of contract, and | ||
(b) the same enactments, | ||
as would be applicable to an assessment of damages, were proceedings to be brought in the High Court in relation to the claim concerned. | ||
(3) Where the Tribunal makes an award to a claimant, the claimant shall have a period of 21 days, or such greater period as the Tribunal may for good and sufficient reasons determine, from the making of the award to accept or reject the award or to appeal the award under section 27 . | ||
(4) Where a claimant in respect of whom an award has been made neither accepts or rejects the award nor appeals the award under section 27 , within a period of 21 days or such greater period determined by the Tribunal under subsection (3), the claimant shall be deemed to have rejected the award. | ||
(5) Subject to sections 27 and 28 , where a claimant wishes to accept an award, such acceptance shall be made in the prescribed form and manner (in this Act referred to as a “notice of acceptance”) and shall be accompanied by a waiver. | ||
(6) Without prejudice to the generality of subsection (2), the rules contained in the Civil Liability Acts 1961 to 2017 governing— | ||
(a) concurrent fault, including liability of concurrent wrongdoers, contribution between concurrent wrongdoers and contributory negligence, | ||
(b) the reasonable compensation to the dependants of a relevant woman for mental distress resulting from her death, and | ||
(c) exclusion of awards of damages to the dependants of a relevant woman in respect of mental distress caused to the relevant woman prior to her death, | ||
shall be applied by the Tribunal in respect of the determination of claims and the making of awards in the same manner as would be applicable in an assessment of damages were proceedings to be brought in the High Court in relation to the claim. |