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18 August 2015 / Jon Lord
Categories: Features , Procedure & practice , Costs , Budgeting
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What a pain

Jon Lord assesses the government’s latest attempt to address costs in clinical negligence claims

Costs in clinical negligence claims continue to be as much of a drain on the minds of politicians as they are on the NHS budget. The recent proposal to fix costs in claims valued up to £100,000 is the latest example in a long line of attempts to close the gaping hole in the bottom of the public purse. Is it merely another sticking plaster or a lasting cure to the public expenditure problem?

Legal reform

Costs have been a major driver in legal reform for at least the last 20 years. The Woolf reforms, instigated by the Lord Mackay, Lord Chancellor in 1994, and the shift from legal aid to conditional fee agreements were driven by the need to reduce litigation costs and the government’s budget. Legal aid remained for some clinical negligence claims but has gradually been eroded.

Those reforms backfired in the clinical negligence arena, where

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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