Overview

The practice and procedure of the CervicalCheck Tribunal will be governed mainly by the Rules of Procedure of the Tribunal which can be found in draft form on the Rules and Practice Directions page. These Rules will come into operation once signed by the Tribunal Members following the establishment of the Tribunal and will contain all the forms necessary to issue and progress a claim.

Once established the Tribunal also intends to issue a Practice Direction in relation to the time limits which will apply to each step of the determination hearing. A draft of that Practice Direction can also be accessed on the Rules and Practice Directions page.                                                   

A number of flowcharts have been prepared in relation to the various processes which need to be followed in Tribunal proceedings from the issuing of a claim to the announcement of a determination. These include the process in relation to claims which are already the subject of proceedings before a court and those which are not. Separate flowcharts have been prepared setting out the steps involved in the adducing of expert and non-expert evidence and in relation to discovery, interrogatories and admissions which apply to both categories of claims. The flowcharts can be accessed on the Process Flowcharts page.

Under section 25 of the CervicalCheck Tribunal Act 2019 the Tribunal has authority to provide for a pre-claim protocol. However, at this time it has been decided to not require the intended claimant and/or respondent to comply with a pre-claim protocol as a prerequisite to the commencement of a claim. The Tribunal Members have prepared a statement outlining the reasons for that decision which can be accessed here.