We have addressed clinical negligence, a large part of which is now conducted on a no-win, no-fee basis. That is the way we should proceed. Clinical negligence cases of the kind to which the right hon. Gentleman refers are especially expensive and it is quite difficult to decide whether to proceed with them, so we are making special arrangements, particularly for the expensive medical reports that have to be obtained before a case can properly be decided on. We are making arrangements to make the insurance reimbursable in those cases. I would also like to see a system developed by the NHS litigation authority and the best of the practitioners to exchange expert medical reports at a very early stage, so that we can avoid unnecessary litigation about whether a tragic disaster to a newborn baby was actually a natural tragedy or the result of negligence, and so that such cases need not drag on for the many years that they can take to go through the courts. I accept that that is a special case, and we considered it carefully during the consultation. We made quite a lot of changes during the consultation, some of which were referred to dramatically in outside comment.
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord Clarke of Nottingham
(Conservative)
in the House of Commons on Wednesday, 29 June 2011.
It occurred during Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
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Proceeding contribution
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530 c987-8 
Session
2010-12
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House of Commons chamber
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