Making a Claim

The CervicalCheck Tribunal Act 2019 allows for an appropriate person to make a claim for compensation to the Tribunal.

The CervicalCheck Tribunal Act 2019 specifies that

“appropriate person” means—

• (a) a relevant woman, or
• (b) where a relevant woman has died, a dependant of the relevant woman concerned;

“relevant woman” means—

• (a) a woman—
  • (i) identified as part of the Review of Cervical Screening as having CervicalCheck cytology review findings that were discordant with those of the original cytology examination in relation to the woman concerned, or
  • (ii) whose cytology slides were sought, by the Review of Cervical Screening, to be re-examined as part of its review but where one or more of those slides could not be re-examined as part of that review by reason of circumstances beyond the control of the woman concerned, or
• (b) a woman who received a diagnosis of cervical cancer—
  • (i) who had a screening history through CervicalCheck,
  • (ii) whose diagnosis of cervical cancer was notified to CervicalCheck,
  • (iii) whose cytology slides were re-examined as part of the retrospective CervicalCheck cytology clinical audit, and
  • (iv) whose cytology review findings, following the re-examination in accordance with subparagraph (iii), were discordant with those of the original cytology examination in relation to the woman concerned.

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.

If you are eligible as a result of the Royal College of Obstetrics and Gynaecology (RCOG) Audit – A copy of your results letter as issued by the RCOG will suffice to establish your eligibility.

If you are eligible as a result of the Review of Cervical Screening – The National Screening Service will be able to provide a letter on request confirming eligibility for the Tribunal. Requests of this nature should be sent by email to clientservices@screeningservice.ie

For reference, the Cervical Check Tribunal Act 2019 provides that you are eligible if you fulfil the RCOG criteria, or if you are a woman who received a diagnosis of cervical cancer—

• • (i) who had a screening history through CervicalCheck,
  • (ii) whose diagnosis of cervical cancer was notified to CervicalCheck,
  • (iii) whose cytology slides were re-examined as part of the retrospective CervicalCheck cytology clinical audit, and
  • (iv) whose cytology review findings, following the re-examination in accordance with subparagraph (iii), were discordant with those of the original cytology examination in relation to the woman concerned.

A claim can be made to the Tribunal seeking damages for:

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

(b) 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.

Before submitting a claim for compensation to the Tribunal the claimant must serve the proposed Claim Form (Form 1) on each respondent with a request to each respondent that they confirm agreement (in Form 2) to submit the claim to the Tribunal.

A Claimant must then lodge the following in the Tribunal Office:

1. The Claimant’s completed Claim Form (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)
3. Proof of eligibility to have claim heard by the Tribunal
4. Proof of service of proposed Claim Form on each intended respondent (i.e. Affidavit of Service exhibiting proposed Claim Form)

Every Claim Form received into the Tribunal Office will then be date stamped and assigned a Tribunal record number and will thereupon be deemed to be issued.

Please note: The Tribunal office may issue a completed Claim Form although the written agreement of every respondent to submit the claim to the Tribunal has not been lodged – the time allowed for delivery of a Response will not begin to run against a respondent until the written agreement of that respondent has been lodged in the Tribunal Office.

On the date the Claim is issued the Tribunal Office will assign a date for a case management hearing – this date will be marked on the issued claim form and on the duplicate copy.

The date for the case management hearing will be the earliest available date following the expiry of 30 weeks after the date of issue of the Claim Form.

Claimant to then serve a copy of completed claim form on each Respondent within 7 days of the date on which it was issued.

Respondent to lodge their written agreement or the written refusal (in Form 2) to submit the claim to the Tribunal in the Tribunal Office within 21 days of the date on which the Claim Form was issued (If not provided before the issuing of the Claim).

A Respondent to the Tribunal proceedings shall serve on the Claimant and lodge in the Tribunal Office a Response (Form 4) within 28 days of the service on that Respondent of the Claim Form.

A Claimant may serve on the Respondent and lodge in the Tribunal Office a Reply (Form 5) within 14 days of the service on the Claimant of the Response.

For further information in relation to Tribunal proceedings where the eligible claim is not the subject of court proceedings please see:

• Rules of Procedure for the CervicalCheck Tribunal, and
• Flowcharts setting out steps involved in the Tribunal proceedings from initiation to determination of a claim

Before submitting a claim for compensation to the Tribunal, the Claimant must serve the proposed Claim Form (Form 1) on each respondent with a request to each respondent that they confirm agreement (in Form 2) to submit the claim to the Tribunal.

Claimant must then lodge the following into the Tribunal Office:

1. The Claimant’s completed Claim Form (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)
3. Proof of eligibility to have claim heard by the Tribunal
4. Proof of service of proposed Claim Form on each intended respondent (i.e. Affidavit of Service exhibiting proposed Claim Form)

Every Claim Form received into the Tribunal Office will then be date stamped and assigned a Tribunal record number and will thereupon be deemed to be issued.

Please note: The Tribunal office may issue a completed Claim Form although the written agreement of every respondent to submit the claim to the Tribunal has not been lodged – the time allowed for delivery of a Response will not begin to run against a respondent until the written agreement of that respondent has been lodged in the Tribunal Office.

When the Claim is issued the Tribunal Office will assign a date for an initial directions hearing – the date of the directions hearing will be notified to the parties when assigned.

The date of the directions hearing will be the earliest convenient date following the receipt, if any, of the agreement of the respondent or respondents (in Form 2) to submit the claim to the Tribunal

Claimant must then serve a copy of completed claim form on each Respondent within 7 days of the date on which it was issued.

Respondent to lodge their written agreement or the written refusal (in Form 2) to submit the claim to the Tribunal in the Tribunal Office within 21 days of the date on which the Claim Form was issued (If not provided before the issuing of the Claim).

A Respondent to the Tribunal proceedings shall serve on the Claimant and lodge in the Tribunal Office a Response (Form 4) within 28 days of the service on that Respondent of the Claim Form.

A Claimant may serve on the Respondent and lodge in the Tribunal Office a Reply (Form 5) within 14 days of the service on the Claimant of the Response.

Please note: The Tribunal may at the initial directions hearing direct that any Defence or Reply delivered in the court proceedings shall substitute for the Response and Reply or may give alternative time limits for service of a response or a reply.

For further information in relation to Tribunal proceedings where the eligible claim is the subject of court proceedings please see:

• Rules of Procedure for the CervicalCheck Tribunal, and
• Flowcharts setting out steps involved in the Tribunal proceedings from initiation to determination of a claim