To ask the Secretary of State for Health if he will publish details of the accord between the NHS Litigation Authority and FirstAssist in relation to the level of insurance premiums recovered in respect of after the event insurance provided in connection with clinical negligence claims funded by conditional fee agreements. (222625)

A copy of the Accord between the NHS Litigation Authority and FirstAssist has been placed in the House Library.

The Accord is a non-binding statement of intent which seeks to give effect to the judgment of Senior Costs Judge Hurst in the RSA Pursuit Test Cases¹ and to provide an informal means for resolving disputes between the NHSLA and First Assist. The NHSLA specifically reserves the right to challenge premiums where it believes the premium is disproportionate to the size of the damages obtained. The Accord was entered into with the intention of providing an element of certainty in this area of litigation and with the aim of avoiding unnecessary costs associated with satellite litigation.

¹ Reference (2005) EWHC 90003 (Costs) 27 May 2005, BAILII