§ Tim LoughtonTo ask the Parliamentary Secretary, Lord Chancellor's Department how many claimants have successfully claimed legal aid costs in clinical negligence cases against the NHS in the last(a) five, (b) 10 and (c) 20 years. [71100]
§ Ms Rosie WintertonThe information is not available in the form requested.
The number of publicly funded clinical negligence cases—reported as having been concluded—in which the claimant was successful in obtaining damages and full payment of their solicitor's costs, leaving no deficit on the legal aid fund was as follows:
- (a)in the last five years—1997–98 to 2001–02—10,881
- (b) in the last 10 years—1992–93 to 2001–02–19,568.
As a result of the changes to the Legal Services Commission's computer systems, information is not available for the last 20 years.
The figures exclude cases which were settled without costs in full, or which went to trial (the latter being a very small number). This means that the figures underestimate the success rate of cases because they exclude settled
530Wcases where most costs are recovered, save a residual claim against the legal aid fund for part of the costs; and cases which succeeded with full costs at trial.
The figures given do not relate exclusively to cases brought against the NHS. It is not possible to separate cases which involve the NHS from those which do not.