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To ask the Parliamentary Secretary, Lord Chancellor's Department, what proportion of the overall Legal Services Commission's budget was paid to solicitors in each of the last five years in relation to class actions in the field of clinical negligence and personal injury; and what proportion of this amount related to...

Asked by

Nicholas Winterton (Conservative)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Tabled on

1 May 2001

For answer on

10 May 2001

Answered on

10 May 2001

Mr. Nicholas Winterton: To ask the Parliamentary Secretary, Lord Chancellor's Department what proportion of the overall Legal Services Commission's budget was paid to solicitors in each of the last five years in relation to class actions in the field of clinical negligence and personal injury; and what proportion of this amount related to work which could be carried out at less cost. [160246] Mr. Lock: Information in the form requested is not readily available and could be obtained only at disproportionate cost. However, the Legal Services Commission, and before it the Legal Aid Board, have taken a number of steps to improve control over the cost of multi-party actions (MPAs). Due to their potential expense, MPAs have been subject to contract control since 1992. An expert panel of solicitors who have experience in handling such litigation was established in 1999, and new arrangements introduced to allow only panel members and any firm already involved in the action to submit a tender for an MPA contract. Now, under the Commission's Funding Code (introduced in April 2000), cases can be put out to competitive tender among the panel members, at or below specified hourly rates. Typically, the successful firm is then awarded a contract, which regulates the remuneration and conduct of the litigation. Specialist Commission staff manage contracted cases, and those residual cases that are not under contract. As directed by the Lord Chancellor, the Commission has set aside a budget for special cases, of which MPAs are one type. This commenced when the Commission's Funding Code came into effect. In 2001-02 this budget is £4.5 million. Under the new scheme, the Commission will fund personal injury MPAs only when the action has a significant wider public interest. Funding by the LSC will generally be concentrated only on the central or generic work on the action, leaving individual claims to be pursued under conditional fee agreements.

Date

10 May 2001

Reference

368 c312W; 160246

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, how much the Legal Services Commission paid in each of the last five years to claimants' solicitors in relation to the investigation and running of clinical negligence claims against the NHS; and what proportion of this amount related to payments made to...

Asked by

Nicholas Winterton (Conservative)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Tabled on

1 May 2001

For answer on

10 May 2001

Answered on

10 May 2001

Mr. Nicholas Winterton: To ask the Parliamentary Secretary, Lord Chancellor's Department how much the Legal Services Commission paid in each of the last five years to claimants' solicitors in relation to the investigation and running of clinical negligence claims against the NHS; and what proportion of this amount related to payments made to solicitors in relation to the initial investigation of the viability of claims. [160245] Mr. Lock: Information in the form requested is not readily available and could be obtained only at disproportionate cost. The Legal Services Commission records the value of main bills paid, comprising solicitors' costs, disbursements and Counsel's fees. The total figures for each year also include the value of claims which are met in full by the opponents. The net cost to the fund of clinical negligence cases is therefore less than the figures given. _________________________________________________________________________________________________. £ million 1995-96 50.6 1996-97 56.9 1997-98 64.4 1998-99 64.6 1999-2000 60.6 _________________________________________________________________________________________________. It is not possible to identify separately claims against the NHS from claims against GPs and dentists; nor is it possible to identify separately claims against private practitioners from those working in the NHS. The Commission does not record separately amounts claimed for different stages in proceedings, and it is therefore not possible to report separately the cost of initial investigations.Prior to the introduction of civil contracting in January 2000 clinical negligence was not separately identified as a category of advice work. The figures in the table therefore do not provide information regarding payments for advice and assistance work done under the former Green Form system. A number of measures have been introduced to seek to improve the value for money achieved in clinical negligence cases. From August 1999 only clinical negligence specialists who hold licences with the Commission have been able to provide publicly funded services in new cases. The Commission has a contract with Action for Victims of Medical Accidents (AVMA) to provide a merits screening test in clinical negligence cases; this expertise now supports the process of deciding which cases to fund. New guidance and tougher criteria have also been introduced and are aimed at restricting funding for lower value and weaker claims. Consequently there has been an increase in the proportion of claims that were found to lack merit, and were discontinued after the initial investigation, from 51 per cent. in 1996-97 to 60 per cent. in 1999-2000. There has also been an improvement in the success rate of claims that proceed beyond the initial investigation, from 46 per cent. in 1996-97 to 61 per cent. in 1999-2000. The discontinuation at an earlier stage of cases that lack legal merit represents an improvement in value for money. The reforms are also reflected in the number of new certificates issued annually for clinical negligence claims, which are just over half the totals being issued five years ago.

Date

10 May 2001

Reference

368 c312-3W; 160245

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, if he will list those public organisations which are responsible for the maintenance of their own public records and exempt from supervision by the Public Record Office; and what powers he has to ensure that such bodies keep proper records to the...

Asked by

Helen Jackson (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

9 May 2001

Reference

368 c219W; 160542

House

House of Commons

Lord Chancellors Dept

Answered by

David Lock (Labour)

Answering body

Lord Chancellor's Department

Type

Oral answers to questions

Date

8 May 2001

Reference

368 c13-4

House

House of Commons

Lord Chancellors Dept

Answered by

David Lock (Labour)

Answering body

Lord Chancellor's Department

Type

Oral answers to questions

Date

8 May 2001

Reference

368 c13-4

House

House of Commons

Lord Chancellors Dept

Answered by

David Lock (Labour)

Answering body

Lord Chancellor's Department

Type

Oral answers to questions

Date

8 May 2001

Reference

368 c14

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, When he expects the Auld Report to be published. (Failed OPQ). - Shortly.

Asked by

David Leslie Taylor (Labour; Co-operative Party)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

8 May 2001

Reference

159327; 368 c53W

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, what progress has been made on the Second Phase of the Enforcement Review following the widening of its remit, announced by the Lord Chancellor on 6th March.

Asked by

Gordon Prentice (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

8 May 2001

Reference

368 c56W; 160695

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, What plans he has to place a maximum ceiling on the costs to public funds of trial proceedings. (Failed OPQ) .

Asked by

Harry Cohen (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

8 May 2001

Reference

368 c52W; 159324

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, If he will make a statement on the use of information technology to support rural courtrooms.

Asked by

Simon Thomas (Plaid Cymru)

Answering body

Lord Chancellor's Department

Oral questions - Lead

Status

Answered

Date

8 May 2001

Reference

368 c13-4; 159320

House

House of Commons

Lord Chancellors Dept

Statement on what progress has been made on reviewing the remedy of distress for rent as part of the ongoing reform of the civil justice system and review of civil enforcement. - Includes ref to consultation paper in Library.

Asked by

Gordon Prentice (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

8 May 2001

Reference

368 c55W; 160696

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, how much civil legal aid was allocated for personal injury cases in (a) 1997-98 and (b) 1998-99.

Asked by

Paul Stinchcombe (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

3 May 2001

Reference

367 c793W; 157435

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, how much of the allocated civil aid budget for personal injury cases has been spent on expanding the legal advice and representation budget for other areas of civil legal aid since the coming into force of the Access to Justice Act 1999....

Asked by

Paul Stinchcombe (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

3 May 2001

Reference

367 c793W; 157436

House

House of Commons

Lord Chancellors Dept

(Pursuant to reply on 10.04.2001 at 366 c581W) To ask the Parliamentary Secretary, Lord Chancellor's Department, how much was spent on (a) criminal and (b) civil legal aid in (i) 1998-99, (ii) 1999-2000 and (iii) 2000-01; and what the projected figure is for 2001-02. - Includes table. (Holding answer 10...

Asked by

Paul Stinchcombe (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

3 May 2001

Reference

367 c793-4W; 157429

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, for what reason the advertisements for part-time lay members of the Financial Services and Markets Tribunal restricted applications to persons aged between 35 and 62 years.

Asked by

Tony Wright (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

30 April 2001

Reference

158739; 367 c510-1W

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, on how many occasions between 5th June 2000 and 31st March 2001 (a) departmental and (b) non-departmental special advisers have travelled abroad in an official capacity.

Asked by

Lord Tyrie (Conservative)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

27 April 2001

Reference

158547; 367 c444W

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, when (a) he and (b) the Legal Services Commission will make a statement about the procedure to be adopted by those eligible for controlled legal representation to have family visit appeals fees paid as a disbursement. - Includes ref to Focus 34,...

Asked by

Humfrey Malins (Conservative)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

27 April 2001

Reference

367 c444W; 159207

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, what objectives he (a) has set and (b) plans to set to meet his Department's PSA target to respect the rights of defendants and to treat them fairly. - Inc figs.

Asked by

David Lidington (Conservative)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

26 April 2001

Reference

159028; 367 c368-9W

House

House of Commons

Lord Chancellors Dept

To ask the Secretary of State for the Home Department, if he will make a statement about the powers available to the courts to reclaim legal costs from publications which cause the premature abandonment of a trial. - I shall reply to the hon. Member as soon as possible. (...

Asked by

Crispin Blunt (Conservative)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

26 April 2001

Reference

158939; 367 c369W

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, if he will set out, with statistical information relating as directly as possible to the Tiverton and Honiton constituency, the effects on Tiverton and Honiton of his Department's policies and actions since 2nd May 1997. - Inc figures.

Asked by

Martyn Jones (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

23 April 2001

Reference

367 c158W; 157815

House

House of Commons

Librarians' tools

Type

House

Session

Year

Department

Member

Primary member

Answering member

Legislative stage

Legislation

Subject

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