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My right honourable friend the Lord Chancellor and Secretary of State for Justice (Elizabeth Truss) has made the following Written Statement.
"Earlier today, I notified the market via the London Stock Exchange group that I would today lay a Statutory Instrument to change the discount rate applicable to personal injury lump...
My right honourable friend the Lord Chancellor and Secretary of State for Justice (Elizabeth Truss) has made the following Written Statement.
"Earlier today, I notified the market via the London Stock Exchange group that I would today lay a Statutory Instrument to change the discount rate applicable to personal injury lump...
Earlier today, I notified the market via the London Stock Exchange group that I would today lay a Statutory Instrument to change the discount rate applicable to personal injury lump sum compensation payments, to minus 0.75%.
Under the Damages Act 1996, I, as Lord Chancellor, have the power to set...
Earlier today, I notified the market via the London Stock Exchange group that I would today lay a Statutory Instrument to change the discount rate applicable to personal injury lump sum compensation payments, to minus 0.75%.
Under the Damages Act 1996, I, as Lord Chancellor, have the power to set...
To ask the Secretary of State for Health, what proportion of contested cases have been successfully defended by the NHS Litigation Authority.
To ask the Secretary of State for Health, what proportion of contested cases have been successfully defended by the NHS Litigation Authority.
In 2015/16 the NHS Litigation Authority took 124 contested cases to trial and won 75 of them, giving a success rate of 60%.
Source:
To ask the Secretary of State for Health, what estimate he has made of the annual costs incurred in clinical negligence legislation due to the failure of the NHS Litigation Authority to (a) properly investigate claims early in the process and (b) offer a realistic settlement at the earliest possible...
To ask the Secretary of State for Health, what estimate he has made of the annual costs incurred in clinical negligence legislation due to the failure of the NHS Litigation Authority to (a) properly investigate claims early in the process and (b) offer a realistic settlement at the earliest possible...
The role of the National Health Service Litigation Authority (NHS LA) is to deal efficiently and effectively with clinical negligence cases against the NHS as set out in the framework agreement with the Department.
The NHS LA discharges its functions by:
― paying justified claims promptly and appropriately;
― defending claims without merit;
― undertaking appropriate and proportionate risk management activities with its members with a view to assisting them to minimise their claims and thus improve patient and staff safety; and
― ensuring that the lessons learned from claims and the other activities of the NHS LA are appropriately shared in order to help reduce adverse incidents in the future.
A review of NHS LA by the Department, published in July 2015, concluded that it is a well-led and efficient organisation.
Motion that this House has considered the Government’s proposals on fixed recoverable costs in clinical negligence claims. Agreed to on question.
Motion that this House has considered the Government’s proposals on fixed recoverable costs in clinical negligence claims. Agreed to on question.
I beg to move,
That this House has considered the Government’s proposals on fixed recoverable costs in clinical negligence claims.
Thank you, Mr Nuttall, for presiding over this very short debate. I thank Mr Speaker for granting it and my hon. Friend the Minister for being here to respond on behalf of...
I beg to move,
That this House has considered the Government’s proposals on fixed recoverable costs in clinical negligence claims.
Thank you, Mr Nuttall, for presiding over this very short debate. I thank Mr Speaker for granting it and my hon. Friend the Minister for being here to respond on behalf of...
Will the right hon. and learned Gentleman give way?
Will the right hon. and learned Gentleman give way?
I will not give way.
That this debate takes place only a week before the Budget underlies that point. I further accept that the vast majority of patients who visit a GP, an NHS surgery or a hospital leave satisfied with their treatment and the outcome, but very occasionally something goes...
I will not give way.
That this debate takes place only a week before the Budget underlies that point. I further accept that the vast majority of patients who visit a GP, an NHS surgery or a hospital leave satisfied with their treatment and the outcome, but very occasionally something goes...
Will the right hon. and learned Gentleman give way?
Will the right hon. and learned Gentleman give way?
I regret that I cannot; this is a half-hour debate, and I am afraid we are rather pushed for time.
It is uncontroversial to state—and the common law expects this—that damages should, as far as they can, put the injured party back where they were before the incident. We need a...
I regret that I cannot; this is a half-hour debate, and I am afraid we are rather pushed for time.
It is uncontroversial to state—and the common law expects this—that damages should, as far as they can, put the injured party back where they were before the incident. We need a...
This is a fascinating matter, which deserves a great deal of debate. We could discuss this interesting subject for many hours. I am grateful to my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) for condensing a complicated issue into a 15-minute, eloquent explanation of the...
This is a fascinating matter, which deserves a great deal of debate. We could discuss this interesting subject for many hours. I am grateful to my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) for condensing a complicated issue into a 15-minute, eloquent explanation of the...
I am grateful to the Minister for giving way, and I congratulate the right hon. and learned Member for Harborough (Sir Edward Garnier) on securing the debate. I also declare that I am a non-practising door tenant at Civitas Law in Cardiff.
I accept the Minister’s point about the quality of...
I am grateful to the Minister for giving way, and I congratulate the right hon. and learned Member for Harborough (Sir Edward Garnier) on securing the debate. I also declare that I am a non-practising door tenant at Civitas Law in Cardiff.
I accept the Minister’s point about the quality of...
I will turn to access to justice. I do not entirely accept the hon. Gentleman’s interpretation of the judge’s words.
In our proposed reforms, I intend to change the balance for the NHS Litigation Authority and for claimant lawyers to ensure that we get to a single version of the truth...
I will turn to access to justice. I do not entirely accept the hon. Gentleman’s interpretation of the judge’s words.
In our proposed reforms, I intend to change the balance for the NHS Litigation Authority and for claimant lawyers to ensure that we get to a single version of the truth...
The right hon. and learned Member for Harborough (Sir Edward Garnier) said that law firms currently reject 90% of cases brought to them
because the burden of proof is high. I therefore do not think that we should portray this as a field of many frivolous claims. With that degree...
The right hon. and learned Member for Harborough (Sir Edward Garnier) said that law firms currently reject 90% of cases brought to them
because the burden of proof is high. I therefore do not think that we should portray this as a field of many frivolous claims. With that degree...
I hope that I in no way suggested that any of the claims brought forward were frivolous. I am saying that the way in which the current system is constructed loads costs at the beginning, and that does not help get us to a fair and equitable solution as quickly...
I hope that I in no way suggested that any of the claims brought forward were frivolous. I am saying that the way in which the current system is constructed loads costs at the beginning, and that does not help get us to a fair and equitable solution as quickly...
If a person has a claim as a result of a serious injury, but they cannot get legal representation, that person is still severely injured and the costs will still fall back on the state.
If a person has a claim as a result of a serious injury, but they cannot get legal representation, that person is still severely injured and the costs will still fall back on the state.
I am well aware of that, and that is why we need to ensure that, at the end, the reform produces good effects rather than deleterious ones. I am aware of the concerns of the hon. Lady and many hon. Members, but I ask her to be open to what...
I am well aware of that, and that is why we need to ensure that, at the end, the reform produces good effects rather than deleterious ones. I am aware of the concerns of the hon. Lady and many hon. Members, but I ask her to be open to what...