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FirstAssist

Volume 481: debated on Monday 20 October 2008

To ask the Secretary of State for Health how much has been paid by the NHS Litigation Authority to FirstAssist by way of premiums; and how much has been paid by FirstAssist to the NHS Litigation Authority by way of payments under policies of insurance in each year since the inception of the accord between the NHS Litigation Authority and FirstAssist. (228303)

The NHS Litigation Authority has not paid any money to FirstAssist by way of premiums. Where the NHSLA makes payments for legal costs, these payments are made to claimants' solicitors as global figures to cover all costs in the case and not to the insurer. The NHSLA does not record separately whether payments have been made or received under the accord. Providing this detailed information could be achieved only at disproportionate cost.

To ask the Secretary of State for Health on how many occasions since its inception the accord between the NHS Litigation Authority and FirstAssist has not been complied with in the payment of monies by the NHS Litigation Authority to FirstAssist. (228304)

The NHS Litigation Authority does not record separately for individual cases where the accord has not been complied with. Providing the information requested could be achieved only at disproportionate cost. However, we understand that while disputes over premiums have been raised, compromise has always been reached without the need to refer to a costs judge for a detailed assessment.

To ask the Secretary of State for Health pursuant to the answer of 6 October 2008, Official Report, column 455W, on the NHS: negligence, what the legal basis is for the non-binding status of the accord between the NHS Litigation Authority and FirstAssist. (228305)

The NHS Litigation Authority has informed us that both parties are agreed that the Accord between them is not binding.