COMMENT: Fixed Recoverable Costs in Lower Value Clinical Negligence Claims consultation
Posted on: 30th January 2017
Commenting on today’s Department of Health consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims, Agata Usewicz, head of the clinical negligence team at London law firm Hodge Jones & Allen, says:
“Many practitioners will be relieved that fixed recoverable costs will be capped at £25,000, rather than the £250,000 which had been mooted prior to the consultation being released. However, there remains a very real risk that vulnerable and already disadvantaged groups of people will simply not be able to access justice.
“If these proposals are to be implemented and access to justice preserved, fatal claims, still-births, claimants lacking mental or legal capacity and, claims where the client has a very short life expectancy must be exempted.
“In our response, we will evidence the current culture at the NHSLA and set out how this must change in order to achieve the stated aim of improving patient care by encouraging learning. Unless there is the necessary culture change, many of the proposals will be futile.”
For further information, please contact:
Kerry Jack at Black Letter Communications
020 3567 1208
Notes for Editors
Hodge Jones and Allen
- Hodge Jones and Allen is one of the UK’s most progressive law firms, renowned for doing things differently and fighting injustice. Its senior partner is Patrick Allen and managing partner is Vidisha Joshi.
- For almost 40 years’ the firm has been at the centre of many of the UK’s landmark legal cases that have changed the lives and rights of many people.
- The firm’s team of specialists have been operating across: Personal Injury, Medical Negligence, Industrial Disease, Civil Liberties, Criminal Defence, Court of Protection, Dispute Resolution, Employment, Family Law, Military Claims, Serious Fraud, Social Housing, Wills & Probate and Property Disputes.
- In 2016 the firm launched Hearing their voices – a campaign to raise awareness and build conversations around the issues and the injustices we might all face.