Legal Aid, Sentencing and Punishment of Offenders Bill

Indeed. As is currently the case, the solicitors awarding the CFA would have to look at the merits and take a decision as to whether they wanted to proceed with it. Obviously, the person has to want to instruct the solicitor and the solicitor has to want to take the case; it would cut both ways. There have been a lot of comments about what assessment has been made of the effects on the NHS of removing clinical negligence from the scope of legal aid. In response to a parliamentary question, the Department of Health indicated that"““the potential effect on the national health service of removing clinical negligence from the scope of Legal Aid will be cost neutral.””—[Official Report, 14 September 2011; Vol. 532, c. 1231W.]" In annex B of the impact assessment on the reforms, we estimate savings of £50 million to the NHS Litigation Authority as a result of the abolition. My officials are in ongoing consultations and discussions with the NHSLA and stakeholders about how the commissioning of expert reports can be improved so that, for instance, joint reports can be commissioned wherever possible. This, in turn, would help to encourage early notification of claims. One particular aspect of clinical negligence cases is the significant up-front costs involved in obtaining expert reports. Following consultation, the Government are seeking a tightly drawn power in the Bill to allow the recoverability of after-the-event insurance premiums in clinical negligence cases. The details will be set out in regulations. My hon. Friend the Member for Hexham (Guy Opperman), who lent us the benefit of his considerable experience in the clinical negligence field, made some important points in this regard. We have to make some difficult choices about legal aid, and we need to focus our limited resources on those who need it most.