From the 1st April 2013 Legal aid will no longer be available for Clinical negligence claims save for claims involving serious neurological injury suffered around the time of birth.
If you enter into a Conditional Fee Agreement after the 1st April 2013 and take out an insurance policy to underwrite the Agreement you will not be able to recover the cost of the premium even in the event that you win. In addition, you will not be entitled to recover the success fee from the Defendant. Instead the success fee will fall to be deducted from your damages. Whatever the size of the success fee - it will be capped at 25% of your damages which for the purpose of calculation will exclude future losses.
If you think that you may have a Personal injury or a Clinical negligence claim we urge you to seek urgent legal advice NOW.
We are happy to advise you on the various funding options available to you and we will tell you quickly if we can enter into a Conditional Fee Agreement with you. We will also organise the insurance for you.
We are happy to offer a first interview free of charge so please contact either Janice Gardner, Dominic Fairclough, Deborah Blythe or Sarah Towler before 1st April 2013 to discuss your potential claim and if appropriate, we will ensure that you enter into a Conditional Fee Agreement with insurance prior to the 1st April so as to avoid being caught by the new rules.
Download file for printable version
Stop press - Clinical negligence claims after 1st April 2013 - January 2013.pdf