Earl Howeasked Her Majesty's Government:
What is their view of the operation of after-event insurance for clinical negligence cases funded by the conditional fee system. [HL4012]
§ The Lord ChancellorConditional fee agreements supported by insurance policies can provide access to justice for individuals seeking to pursue clinical negligence cases who are ineligible for legal aid. The insurance market provides and is continuing to develop affordable products to support conditional fee agreements for civil actions including clinical negligence cases.
Earl Howeasked Her Majesty's Government:
Whether they have given any consideration to funding access to justice in clinical negligence cases by paying for expert reports and after the event insurance combined with a conditional fee agreement instead of paying for legal services. [HL4011]
§ The Lord ChancellorIn its paperAccess to Justice with Conditional Fees (March 1998), the Government considered whether it was appropriate to remove clinical negligence from the ambit of the Legal Aid Scheme. The Government were of the view that, while sufficiently experienced lawyers ought to be able to employ conditional fee agreements in such cases, the provision of insurance for such cases was relatively new and many solicitors' firms may not yet be financially structured in a way that would enable them to bear the investigative costs associated with clinical negligence. In recognition of this, clinical negligence cases will continue to attract public funding. However as the market develops and lawyers adapt to the greater use of conditional fees, the position will be kept under review.