New clinical negligence group attracts 100 firms

A new group for clinical negligence lawyers, created to help them cope with the Jackson reforms and LASPO, has attracted 100 firms.

The Society of Clinical Injury Lawyers (SCIL) aims to help claimant solicitors cope with the complexities of the new conditional fee and ATE landscape, rather than lobby on behalf of victims in the way done by APIL or AvMA.

Stephen Webber, chairman of SCIL and head of medical negligence at Hugh James, said all the firms involved were specialists, and were members of the Law Society or AvMA panels or had membership pending.

He said they were concerned that RTA firms would “move in on medical negligence” and that clients would “end up dealing with less experienced practitioners”.

Webber said: “There are adverts in the newspapers for firms that I know are not specialists. They say that they are, but they are certainly not members of the panels.”

He said the other main concerns for SCIL were uncertainty following the Jackson reforms, on proportionality, cost budgeting and recoverability, and practical problems with what remained of legal aid.

“You can recover the ATE premium to the extent that it relates to expert reports on liability or causation, but not to reports on quantum or court fees. This means a split premium.

“ATE providers are offering policies, but it is difficult to advise on which one is best for the client. Is it the cheapest? 

“It’s complicated when clients need things to be clear. They are going through what is generally the biggest trauma of their lives.”

Webber said legal aid had been retained for birth trauma cases, where injuries were sustained during pregnancy or the first eight weeks of life, but experts’ fees had been radically reduced. 

The maximum fee for a publicly-funded paediatric neurologist had been cut from £200 an hour to £153 an hour.

“These are multi-million pound compensation claims,” Webber said. “We have been left in a very difficult position. Paediatric neurologists are often the key expert.

“If we turn up at court with a consultant with five years’ experience, the other side could produce a professor.”

Webber added that SCIL was a self-funded, not for profit organisation. It had charged an initial membership fee of £200 per firm, with further contributions for specific pieces of work, such as the drafting up of an up-to-date CFA agreement by a QC.