Legal aid campaign brought to court

The charity argues that the Ministry of Justice (MoJ) proposal to include clinical negligence in its £350m legal aid cuts is “unfair” and “irrational”.

Claimants will still be able to bring “no win, no fee” cases. However, AvMA say reforms to “no win, no fee” agreements mean about 50% less of these cases will be viable.

AvMA chief executive, Peter Walsh said: “Scrapping legal aid for clinical negligence is completely irrational whichever way you look at it, as well as grossly unfair.

“Ken Clarke’s department might save a little money, but the cost will simply be heaped on the NHS. Some of the most vulnerable people in society injured by negligent treatment at the hands of a state body will be denied access to justice. And the NHS will be deprived of learning from mistakes which are often only recognised because of a legal challenge.”

Walsh said there had been an “inadequate and irrational consultation response and impact assessment” to the Legal Aid, Sentencing and Punishment of Offenders Bill, which is introducing the reforms.

“No consideration has been given to our argument that as the NHS is an arm of the state, it is a responsibility of the state to ensure availability to redress for victims of NHS negligence,” he said.

In a speech to the Cambridge Law Faculty earlier this month, Lord Justice Jackson singled out the removal of clinical negligence from scope as the “most unfortunate” legal aid cut. He called for it to be spared, pointing out that it is a complex area heavily reliant on expert reports.

An MoJ spokesperson declined to comment on AvMA’s judicial review application, but said: “Victims of clinical negligence may need a lifetime of expensive special care so we are clear they must be able to hold those responsible to account.

“Victims will still have access to solicitors through ‘no win-no fee’ deals, which the government is reforming. We are making special arrangements so that people will be able to insure themselves against the cost of reports if they lose.

“Importantly, we are also bringing in a rule that will mean, in most cases, victims will not have to meet the other side’s costs if they lose. Victims will be able to receive legal aid to fund the most serious and complex cases, where a ‘no win-no fee’ agreement is not available, and where the failure to provide funding would breach their human rights.”