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LASPO countdown | Shifting the costs burden in clinical negligence cases is unjustified

Clinical negligence claims are too complex to be processed like ordinary personal injury claims under the new costs regime, says Trevor Ward

25 January 2013

April 2013 signals a change for the legal sector when Lord Justice Jackson’s reforms come into force in the LASPO Act.

The unprecedented changes about to be introduced by the Act will remove access to legal aid, except in a very limited number of cases, and will place the burden of paying some legal costs in both clinical negligence and personal injury claims on the injured party.

These changes are being implemented in a bid to both save the government millions of pounds in relation to claims against public bodies such as the NHS and local authorities, and to deter the myth of an increasing ‘compensation culture’ in the UK.

There has been much ‘spinning’ about the compensation culture – found on independent analysis not to exist – and fat cat lawyers creaming in profit from high success fees. It is true there have been some unpalatable exam...

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