header-logo header-logo

Inconvenient truths

24 February 2017 / Agata Usewicz
Issue: 7735 / Categories: Opinion
printer mail-detail
nlj_7735_ucewicz

The consultation on fixed recoverable costs in lower value clinical negligence claims ignores the role of the NHSLA, says Agata Usewicz

The timing of the Department of Health’s long-awaited consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims raised more than a few eyebrows when it was launched at the end of January, not least because the consultation will open and close before the National Audit Office’s (NAO) investigation into the operations and efficiencies of the NHS Litigation Authority (NHSLA) will report its findings.

While we can all be thankful that the proposed cap is set at £25,000, rather than the £250,000 which had been mooted prior to the consultation, there remains a very real risk that vulnerable and already disadvantaged groups of people will simply not be able to access justice.

Anomalous exemption

One thing that strikes me as particularly anomalous in the consultation is that one of the very few proposed exemptions to fixed recoverable costs is child fatalities. While I wholeheartedly agree that these should not be capped, nor should any type

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll