Clinical negligence solicitors in small claims plea

The pilot project to deal with small clinical negligence claims out of court in six months should go on, despite concerns over profitability, solicitors said this week.

Rosamund Rhodes-Kemp, clinical negligence head at Russell Jones & Walker, said the joint venture between the NHS Litigation Authority (NHSLA) and resolution service Resolve, for claims worth 15,000 or less, was quicker, cheaper and less emotionally fraught than the traditional methods.

It has now finished.

The scheme operated on a fixed-costs basis, with solicitors doing ten hours' work for a capped fee of 1,500.

Ms Rhodes-Kemp said it enabled firms to take on cases that would otherwise not have run, but the level of costs and strict timetables gave solicitors little leeway.

'It was very easy to run over 1,500, and we did not get paid for cases that were not successful,' she explained.

'This meant it was difficult to do the work profitably.'

However, she said any problems with the pilot could have been ironed out 'with a little tweaking'.

She added: 'It seems a shame that it wasn't allowed to continue so that everyone would be in the right mind-set if, or when, a fast-track scheme is introduced as part of the government's reforms.'

Roger Wicks, a partner at Chelmsford firm Gadsby Wicks, which also took part in the pilot, said it had been a 'good attempt' to fast-track small claims, although he was concerned that the pilot was skewed slightly in favour of defendants, partly because the NHSLA appointed the panels of experts.

While backing an extension, he added: 'I don't think it is beyond claimant lawyers to devise other small claims procedures for clinical negligence cases themselves now.'

Resolve managing director Brian Raincock admitted that there was room for improvement, but said the 1,500 fee would work if firms took on more cases, because it was 'volume not size' that counted.

The pilot should run for at least another year, he said.

Paula Rohan