header-logo header-logo

24 February 2017 / Agata Usewicz
Issue: 7735 / Categories: Opinion
printer mail-detail

Inconvenient truths

nlj_7735_ucewicz

The consultation on fixed recoverable costs in lower value clinical negligence claims ignores the role of the NHSLA, says Agata Usewicz

The timing of the Department of Health’s long-awaited consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims raised more than a few eyebrows when it was launched at the end of January, not least because the consultation will open and close before the National Audit Office’s (NAO) investigation into the operations and efficiencies of the NHS Litigation Authority (NHSLA) will report its findings.

While we can all be thankful that the proposed cap is set at £25,000, rather than the £250,000 which had been mooted prior to the consultation, there remains a very real risk that vulnerable and already disadvantaged groups of people will simply not be able to access justice.

Anomalous exemption

One thing that strikes me as particularly anomalous in the consultation is that one of the very few proposed exemptions to fixed recoverable costs is child fatalities. While I wholeheartedly agree that these should not be capped, nor should any type

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

NEWS
The Supreme Court has clarified the scope of a director’s duty, in a case where a chairman’s good intentions went awry due to the pandemic
Digital fraud is ‘baffling policymakers, investigators, prosecutors and enforcers’, leaving ‘a massive justice gap’, the author of a government-commissioned independent review has warned
Richard Lloyd’s independent review of the Legal Services Board (LSB) has delivered a devastating verdict, accusing the super-regulator of having ‘lost its way in recent years’
The House of Commons has passed the Hillsborough Law, in a historic achievement for campaigners, survivors and families of those who died in the 1989 stadium collapse
Judicial statistics show a steady rise in the number of female judges and Asian and mixed ethnicity judges in the past ten years—however, progress in terms of representation has stalled for both Black lawyers and for solicitors
back-to-top-scroll