Justice: Personal Injury Cases

Lord Thomas of Gresford Excerpts

Tuesday 20th December 2011 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, my noble friend raises the important point about damages in respect of bereavement. As he noted in his question, conventionally these matters have been dealt with by the judiciary. Certainly, the proposed 10 per cent increase will be taken forward by the senior judiciary. I will ensure that the important point my noble friend makes regarding damages for bereavement is drawn to its attention.

[Lord Thomas of Gresford]

My Lords, the Minister will know that the NHSLA—that is, the legal arm of the NHS—opposes these changes and desired that legal aid should continue in clinical negligence cases. That was its answer to the consultation process. What is its current position?

[Lord Wallace of Tankerness]

My Lords, I am not aware that it has made any further pronouncements on the matter. However, the Government believe that a conditional fee arrangement backed by ATE insurance will ensure that the vast majority of clinical negligence claims will be able to be investigated and that the ATE insurance market will adapt to the new arrangements. It is also important to point out that in Clause 9 of the Bill there is an exceptional funding scheme, which may well be relevant in profoundly serious cases where clinical negligence arises. However, I am sure that my noble friend will make a contribution on these matters when this is debated, I hope next month.