HL Deb 24 May 1999 vol 601 cc66-7WA
Lord Ironside

asked Her Majesty's Government:

Whether all the High Court proceedings involving plaintiffs in the Legal Board's multi-party action seeking compensation for injuries caused by radiotherapy treatment for breast cancer have now been completed; and

  1. (a) Which cases were withdrawn;
  2. (b) Which cases were settled either in court or out of it and what sums were settled; and
  3. (c) What judgments were handed down. [HL2423]

The Lord Chancellor

On 17 November 1997, the group plaintiffs (then 109 in number) submitted to judgment against them on the principal issues. Two cases (Robb v. East London and City Health Authority and Unitt v. Bristol and District Health Authority) were tried as separate actions. Judgment was given for the defendants on 8 May 1998. Eighty of the underlying cases were then discontinued as a result of the judge's findings. Ten cases were settled. These were: Smallwood v. East London and City Health Authority, Eels v. Barking, Havering and Brentwood Health Authority (BHBHA); Wainman v. BHBHA; Ford v. BHBHA; Virdi v. BHBHA; McClure v. East Kent HA; Crawford v. Dalley; Bushby v. Cambridge HA; Elliott v. Dr. Xaavier; and Haxton v. North East Essex HA. The sums awarded were confidential between the parties and were, for that reason, not disclosed in open court. Further medical examinations and negotiations took place in the remaining cases: this resulted in discontinuance or withdrawal of the remaining cases. Four cases are currently outstanding for trial. It is anticipated that they will be tried in the Autumn term of 1999.

Lord Ironside

asked Her Majesty's Government:

What are the total costs incurred to date by the firm of solicitors acting for the plaintiffs, under contract to the Legal Aid Board, seeking compensation for injuries caused by radiotherapy treatment for breast cancer; and whether these are the final costs. [HL2424]

The Lord Chancellor

The total paid on account to date, to all solicitors including the firm acting for the claimants under a contract to the Legal Aid Board, is £2.9 million.

I am not in a position at present to give details of the costs paid specifically to the firm of solicitors acting under contract with the Legal Aid Board as their claims have yet to be assessed by the court. A final detailed assessment was adjourned by the court until June 1999, in order to allow the costs of private clients to be assessed at the same time.