Clinical Risk > Volume 15, Number 6 > Pp. 253-256

This Article Full Text Full Text (PDF) Alert me when this article is cited Alert me if a correction is posted Services Email this article to a friend Similar articles in this journal Alert me to new issues of the journal Download to citation manager Google Scholar Articles by Heyes, C. Articles by Pirozzolo, R. Social Bookmarking                      What's this?

AvMA Medical & Legal Journal

Access to Justice in lower value clinical negligence claims

Caron Heyes and Rocco Pirozzolo

Email: caron.heyes{at}bllaw.co.uk

In May 2009 Lord Justice Jackson published his Preliminary Report into the costs of civil litigation. His objective focuses on promoting access to justice at proportionate cost. Unsurprisingly, Claimants' costs in personal injury and clinical negligence claims are under the spotlight, principally, it seems, because of concern that the recovery of success fees and After The Event (ATE) insurance premiums is rendering Claimants' costs disproportionate to the damages recovered. This article will:

• Review the existing Conditional Fee Agreement (CFA) and ATE insurance funding landscape for clinical negligence claims worth less than £60,000;
  
• Explore the potential impact on access to justice for Claimants if partial costs shifting is introduced;
  
• Suggest some alternative ways of controlling costs.
  

CiteULike    Complore    Connotea    Del.icio.us    Digg    Reddit    Technorati    What's this?