Government statistics show that, on average, most cases take 12 years to resolve in the current litigious system, and it is hoped that the new system will lead to quicker resolutions for families with earlier payments of compensation made. The scheme would involve independent investigators considering the treatment provided and presenting their findings to a panel of legal and medical experts who decide if compensation is warranted. If families are not satisfied with the decision of the panel, then they are still entitled to pursue legal action.
Whilst it is positive that the Government is looking at alternative systems to address lengthy delays in resolving such claims, there is very little known at this stage as to when the scheme will be introduced and how it will operate. There are concerns that additional delays may be caused by entering into such a scheme, and later having to pursue a legal action when the findings are not satisfactory, as is often the case in the current system when independent investigations are undertaken during the complaint process.
For any children who have unfortunately suffered a brain injury as a result of suspected medical negligence, this is not satisfactory and families should not wait until more is known about the scheme before considering whether to take legal action.
We have a number of solicitors who specialise in dealing with claims involving brain damage caused as a result of negligent treatment during pregnancy, in labour or during the neonatal period. If you wish to discuss any concerns in that regard, please contact Victoria Fullilove.
In this ebriefing, we identify what we see as the key messages arising from recent prosecutions in the care and housing sectors.
A recent High Court case on costs could prove essential reading for clients who have cases in the magistrates' courts.
The employment and pensions team offer practical advice on whistleblowing.
Partners, David Alcock and Sarah Patrice, have been involved in reviewing the new Code of Governance for community-led housing, published on 21 May 2021 by the Confederation for Coop Housing.
Following the eviction ban being lifted on 31 May 2021 and further to our previous ebriefing, the new notice of seeking possession forms are now available on the Government website as Word versions.
The European Court of Justice's standpoint on the Wiener Wohnen landowning developer case, and how the level of influence over the work did not amount to a decisive influence.
The Law Commission's Technical Issues in Charity Law report revealed that many charities struggle with a range of technical issue in the law.
The Law Commission recommended four key changes to the law in respect of mergers and the incorporation of charities which we have detailed in this ebriefing.
Over the last few weeks, we have published individual ebriefings on some of the key changes to be implemented following the Government’s response to the Law Commission’s report.
In April 2021, the Foreign Office halted funding for Oxfam following new allegations of sexual misconduct made against staff in the Democratic Republic of Congo.
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