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Medical Negligence Expert supports House of Lords Legal Aid warnings
Oxford-based medical negligence specialist,Darbys Solicitors, is backing peers from the House of Lords, who spokeout earlier this month against the removal of the provision of Legal Aidfor claimants in medical negligence cases.
Speaking to the House of Lords, the Conservative’s Baroness Eaton arguedthat: “A civilised society should provide a safety net for the mostvulnerable"
Liberal Democrat Lord Thomas of Gresford also spoke out in support ofretaining Legal Aid provision for medical negligence cases, suggestingthat instead of outright abolition, the severity of the injury shoulddictate whether or not Legal Aid is awarded.
He said: "If it is a case which so often happens that people’s lives arealtered for good, and members of their family’s lives are altered forgood, surely a humane society should provide legal aid to cover the costof litigation in those circumstances"
In response to the remarks made in the house of lords, clinical negligence expert andlawyer at Darbys Solicitors LLP Richard Money-Kyrle said: “I absolutelyagree with the views expressed in support of retaining Legal Aidprovision for medical negligence claimants.
“By removing such provision we’re straying dangerously close to denyingrepresentation and compensation to the poorest in our society,particularly considering the fact that this comes hand-in-hand with thedismantling of the ‘no win, no fee’ system.”
Commenting on the ‘no win, no fee’ proposals, Mr Money-Kyrle continued:“Under new government proposals claimants will have to pay up to 25% oftheir legal fees from their compensation, as opposed to the person atfault having to pay.”
Speaking to the Huffington Post, chief executive of the Law SocietyDesmond Hudson also commented on the wider ‘no win, no fee’ issue,saying: “the Government is proposing to further reduce legal aidspending while effectively dismantling the ’no win, no fee’ system,which will leave many people without effective access to justice." Advocate General Lord Wallace of Tankerness, speaking to the Lords insupport of the removal of Legal Aid provision for medical negligenceclaims, assured ministers that he would reflect seriously on theirconcerns.
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