FAQ

The CervicalCheck Tribunal is located on the 3rd floor of the Infinity Building, George’s Court, George’s Lane, Smithfield, Dublin 7, D07 E98Y.

Click here for a location map

A claimant must lodge the following with the Tribunal Office:

1. The Claimant’s completed Claim Form (in Form 1), together with a duplicate copy of same for issuing.

2. Where available, the Respondent’s (or Respondents’) written agreement to submit the claim to the Tribunal (Form 2).

Further information on making a claim can be found here

A person who meets the definition of an appropriate person under the CervicalCheck Tribunal Act 2019 can make a claim for compensation to the Tribunal. However, where a person (who would otherwise meet the definition of an appropriate person) has received an award (other than an award under the CervicalCheck non-disclosure ex-gratia scheme) from any court or a settlement in respect of any action arising out of any circumstances which could give rise to a claim before the Tribunal, that person is not entitled to make a claim to the Tribunal.

Further information on who is eligible to make a claim to the Tribunal can be found here.

Yes, the time limits are set out in section 12 of the CervicalCheck Tribunal Act 2019 as amended by section 1 of the CervicalCheck Tribunal (Amendment) Act 2021.

A Claim may be submitted to the CervicalCheck Tribunal for issue on or before the 26th day of July 2022.

Where the Tribunal office receives a written refusal (in Form 2) from a Respondent or a notice indicating there is no longer consent to the claim being determined by the Tribunal the Registrar shall notify in writing the fact of receipt of such notice to the Claimant – the Tribunal proceedings will then be deemed to be at an end.

If no written agreement or refusal is received by the Tribunal Office the Tribunal Office may of its own motion send the notification referred to above at any time following the expiry of the period of 21 days allowed for the Respondent’s agreement/refusal – the Tribunal proceedings will then deemed to be at an end.

Hearings will take place in the CervicalCheck Tribunal, Floor 3, the Infinity Building, George’s Court, George’s Lane, Smithfield, Dublin 7, D07 E98Y.

Hearings before the Tribunal will, by default, be held otherwise than in public. This means that attendance at a Tribunal hearing will be restricted to the parties to the claim, their lawyers, witnesses and such individuals as the claimant may reasonably consider necessary to have in attendance for emotional support. Members of the public and representatives from the media will not be entitled to attend Tribunal hearings.

However, a claimant may request that the Tribunal hold a hearing or part of a hearing in public. If a claimant wishes to make such a request the Tribunal Office should be notified as soon as possible following the issuing of a claim but no later than 1 week before the date fixed for the initial directions or case management hearing.

It is anticipated that the first two or three claims ready for hearing will be heard by all three Tribunal Members sitting together. Thereafter all claims will be heard by a single Member sitting alone.

Parties appearing before the Tribunal are entitled to be legally represented.

The Tribunal may of its own motion or on application of a party invite the parties to consider mediation as a means of attempting to resolve the Tribunal proceedings – see Rule 15 of the Rules of Procedure for the CervicalCheck Tribunal.

• A hearing before the Tribunal will be shorter than if the same claim was heard in the High Court – the intended Rules of Procedure and Practice Direction of the Tribunal have been devised in such a way as to facilitate a rigorous yet speedy determination of claims.
• A hearing before the Tribunal will be conducted otherwise than in public unless the claimant requests that it be heard in public and the Tribunal considers it to be appropriate.
• The Tribunal can only hear claims in respect of which there is consent from all relevant parties to the claim being determined by the Tribunal.

If any party is not satisfied with the determination of the Tribunal there is a right of appeal to the High Court by way of a complete rehearing.

Yes, you can issue a claim to the Tribunal where that claim is currently the subject of court proceedings.

The CervicalCheck Tribunal Act provides that Restoration of Trust Meetings will be arranged in relation to eligible person’s experience in relation to CervicalCheck. The Restoration of Trust Meeting process is independent from and will not be initiated at the same time as, the Tribunal’s function in hearing and determining claims. Further information and updates on the commencement of the process will be available in the Restoration of Trust Meeting section.

See more here: Restoration of Trust.

Admissions: a notice by pleading or otherwise in writing that a party admits the truth of the whole or any part of the case of any other party. A party may call upon the other party to admit any document (saving all just exceptions) or any fact.

Affidavit: a sworn written statement setting out facts. Affidavits must be witnessed by a practising solicitor or commissioner for oaths and are usually used to support an application (when it is called a grounding affidavit) or to prove that a document has been served (when it is called an affidavit of service).

Appeal: a proceeding, taken by a party to a case who is dissatisfied with a decision made. An appeal against a determination of the Tribunal is to the High Court by way of a complete rehearing.

Claim Form: a document (Form 1) which must be completed by or on behalf of a claimant and lodged in the Tribunal Office in order to initiate a claim (see Proposed Claim Form below).

Claimant: a person who makes a claim for compensation to the Tribunal.

Commissioner for oaths: a person authorised to administer oaths and verify affidavits, statutory declarations and other legal documents.

Discovery: sworn disclosure of documents and records by way of affidavit.

Evidence in Chief: the evidence a witness wants to give either on their own behalf or on behalf of the party who has asked them to give evidence.

Ex parte: an application or hearing made or dealt with in the absence of the opposing party or parties.

Facilitator: the Facilitator is appointed by the Minister for Health and is responsible for creating a panel of moderators and appointing them to to chair and organise the Restoration of Trust Meetings. A Facilitator has not yet been appointed by the Minister.

Interlocutory application: an application made at any time prior to the substantive hearing.

Interrogatories: a series of questions which a party can require an opposing party to answer on oath.

Moderator: the Moderators are appointed from a panel of Moderators by the Facilitator of Restoration of Trust Meetings, to chair and organise the Meetings. The panel of Moderators is not yet in place.

Proposed Claim Form: a Claim Form which includes particulars of the claimant and respondent, a statement of the claimant’s claim and any particulars of special damage claimed, but in which any verification and any signature by or on behalf of the claimant need not be completed, and to which no statement of any witness need be attached. This form should be served on each intended respondent prior to the lodgement of the claim form in the Tribunal Office with a request that each respondent confirm the respondent’s agreement (in Form 2) to submit the claim to the Tribunal.

Reply: a document (Form 5) which may be served by a claimant on a respondent following the receipt of a Response.

Respondent: a person against whom a claim is brought.

Response: a document (Form 4) served by a respondent on a claimant in response to a Claim Form.

Restoration of Trust Meeting: the CervicalCheck Tribunal Act 2019 provides that Restoration of Trust Meetings will be arranged for the purposes of documenting, facilitating discussion, and providing information to appropriate persons in respect of their experience in relation to CervicalCheck. Further information on Restoration of Trust Meetings can be found here.