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10 December 2021 / Hugh Johnson , Miriam Spencer
Issue: 7960 / Categories: Features , National Health Service
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NHS litigation reform: getting it right

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Hugh Johnson & Miriam Spencer weigh up the current system of litigating against the NHS: is root-and-branch reform the answer?
  • Responses to the Health and Social Care Committee’s consultation on NHS litigation suggest that improvements to the current system, as opposed to wholesale reform, are the way forward.
  • Suggested improvements include a more robust system of investigation and the dissemination of lessons learnt throughout the NHS, to avoid the same mistakes happening again.

The Health and Social Care Committee recently invited evidence on NHS litigation reform in the light of perceived increasing litigation costs. More than 60 written responses to the consultation were received from a range of interested parties, including the Healthcare Safety Investigation Branch (HSIB), the Bar Council, claimant and defendant law firms, and healthcare providers. Most recently, the committee heard oral evidence from legal experts and the families of those affected by failures in NHS care.

The frame of reference for the consultation indicated that the committee would look at several themes as part

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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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