Solicitors in Wales have welcomed a new scheme aimed at streamlining the clinical negligence claims process - but their counterparts in England have predicted that the project will fall flat.

The new regime, devised and run by the Welsh National Assembly, involves fixed fees and a set timetable for claims against Welsh NHS Trusts that are worth between £5,000 and £15,000. It is aimed at reducing costs and the time taken to deal with claims.


Spencer Collier, head of clinical negligence at Swansea firm John Collins & Partners, said the scheme was good for claimants. 'In the past, because of funding issues, we've had to turn away clients,' he explained. 'They will now have the opportunity to pursue access to justice in a quick and simple way.' The pilot has also been welcomed by pressure group Action Against Medical Accidents.


However, those involved with a similar English scheme - called Resolve - predicted trouble. Run by an independent body, it was set up at the beginning of 2002 but failed to take off; director Brian Raincock said it had been a 'big success' but faltered owing to lack of government backing. He said the replacement scheme, Redress, run by the NHS Litigation Authority, lacked independence.


'The Welsh scheme also lacks that independence and is undesirable in that aspect - but I suppose it's still better to have a fast-track scheme along those lines than no scheme at all,' Mr Raincock said. He added: 'I am upset because [Resolve] saved government money, gave patients access to justice and speeded things up.'


Rosamund Rhodes-Kemp, a partner at London firm Bolt Burdon Kemp, who took part in Resolve, agreed that similar schemes would not work if a single party played the part of litigant, mediator and compensator. 'Resolve was independent, and that's what you need - otherwise the scheme lacks legitimacy,' she warned. 'I am not sure that [the Welsh scheme] can achieve that otherwise.'