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NLJ this week: Litigating against the NHS―getting it right

10 December 2021
Issue: 7960 / Categories: Legal News , National Health Service
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The annual eye-watering legal bill faced by the NHS never fails to shock

It has sparked heated debate about how best to meet the needs of patients affected by clinical negligence while minimising the legal bill for the NHS―might a ‘no fault’ system work better, for example?

Writing in this week’s NLJ, Hugh Johnson and Miriam Spencer, of Stewarts, weigh up the current system of litigating against the NHS and ask―could there be a better way of doing this? Along the way, they highlight that the legal bill is actually reducing year on year.

They write: ‘Not only are the litigation costs reducing, but the number of new claims reported each year has remained reasonably consistent. Indeed, it may be argued that with a seven-year average of 11,200 new claims per year, the claims volume is very low. In contrast, health charity The King’s Fund now estimates that the NHS makes 1.5m patient interventions a day.’ 

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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