Professional negligence

Personal injury solicitors blamed for rise in medical negligence claims

The NHS Litigation Authority’s (NHSLA) recent annual report’s statistics relating to the rising number and cost of medical negligence claims have made alarming headlines - roughly translated as ‘medical negligence claims up by 18% - personal injury solicitors to blame!’. As with most stories, the reality is rather less straightforward; yes, the number of medical negligence claims are up by 18% from 2012/13 – but numbers of claims have been steadily increasing, year on year, for the past 10 years. As for personal injury solicitors shouldering the blame – again the reality is not quite so black and white.

High-cost cases to escape new management rules

1 April 2013 is a key date with regard to litigation funding as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 becomes law. From this date ATE premiums and success fees will no longer be recoverable from losing defendants and damages based agreements will be introduced. However in regard to cost management, the judiciary has decided that commercial cases worth more than £2m will be exempt from new costs management rules in an amendment to the Civil Procedure Rules finalised last week.

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