The NHS Litigation Authority (NHSLA) panel solicitors do not provide services to claimants therefore the amount paid by the NHSLA for clinical cases for their services provided to claimants is zero.
Providing data specifically for panel solicitors or for years prior to 1999 would be at disproportionate cost because the information is not readily accessible. Additionally, it is difficult to compare using information prior to 2002-03 because excess levels were operated on schemes, which means the data held do not cover all claims.
However, the NHSLA has provided the following table. The NHSLA does not have defence costs recorded prior to 1999 due to a change in accounting systems. Additionally, the NHSLA only records data by year for overall defence costs, which include barrister and medical expert fees alongside panel solicitors’ fees.
£000 Clinical negligence scheme for trusts Existing liabilities scheme Ex-regional health authorities Total clinical 1999-2000 2,166 22,435 691 25,292 2000-01 7,223 1185,651 765 193,639 2001-02 111,954 27,358 492 39,804 2002-03 35,919 21,905 398 58,222 2003-04 39,829 10,705 276 50,810 2004-05 40,016 12,206 206 52,428 2005-06 44,146 12,355 286 56,787 2006-07 43,334 10,162 244 53,740 2007-08 43,778 9,123 194 53,095 1 The NHSLA operated excess levels on two clinical schemes whereby trusts themselves handled and funded claims below the excess levels. The NHSLA does not hold data related to these claims. Excess levels for each of the two schemes were removed in the marked years and outstanding claims below excess were then fully funded by the schemes. These years therefore include reimbursement by the NHSLA of legal costs already paid by trusts against those claims. It will also include legal costs associated with solicitors not on the NHSLA’s panel because trusts were originally handling some of those claims themselves and will have appointed their own solicitors.
The information requested was obtained from the NHS Litigation Authority (NHSLA) and is provided in the following table. Claimants are not required to provide details of their funding arrangements, but the NHSLA records this where it is known.
Claimant funding Total Before the Event Insurance 847 Conditional Fee Arrangement 3,743 Legal Services Commission 4,697 Self-funded 798 Unknown 1,453 Grand total 11,538
The information requested was obtained from the NHS Litigation Authority (NHSLA) and is provided in the following table. Claimants are not required to provide details of their funding arrangements, but the NHSLA records this where it is known.
Claimant funding Total Before the Event Insurance 418 Conditional Fee Arrangement 1,896 Legal Services Commission 1,209 Self-funded 679 Unknown 1,014 Grand total 5,216
The information requested was obtained from the NHS Litigation Authority (NHSLA) and is provided in the following table. Claimants are not required to provide details of their funding arrangements, but the NHSLA records this where it is known.
Claimant funding Damages awarded No damages Grand total Before the Event Insurance 287 91 378 Conditional Fee Arrangement 1,132 438 1,570 Legal Services Commission 1,133 803 1,936 Self-funded 425 286 711 Unknown 495 1,089 1,584 Grand total 3,472 2,707 6,179