Medical Defence Union Welcomes Report On Civil Litigation Costs

Main Category: Litigation / Medical Malpractice
Article Date: 19 Jan 2010 - 3:00 PDT

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The Medical Defence Union (MDU), the UK's leading medical defence organisation today warmly welcomes the Right Honourable Lord Justice Jackson's final report into civil litigation costs* which we believe is well-considered and if implemented will improve the civil litigation process for claimants and defendants.

MDU Head of Claims, Jill Harding, comments: "We are delighted that Lord Justice Jackson has listened to the arguments from all parties and this is clear from the thoroughness of his report and the carefully-argued conclusions.

"In our response to Lord Justice Jackson's 2009 review of claims costs, we suggested a number of reforms which we believe are necessary to restore fairness and balance to the civil litigation procedures. We are delighted that many of these seem to have been proposed. We are particularly pleased that he has recommended unsuccessful defendants no longer have to pay for 'After the Event Insurance' and success fees which have contributed to the disproportionate costs faced by defendants, including MDU doctors and dentists. For example, in the MDU's experience, success fees can double claimants' costs.

"We are also pleased that Lord Justice Jackson accepts the need for wholesale reform of costs management including the time spent on a case and solicitors' hourly rates. In our submission we called for specialist judges to manage and try clinical negligence cases to ensure better cost and case management in this complex area and we are delighted that the report recommends this.

"While claimants must continue to have access to justice, we have long said something needs to be done to reform the current system so it is fairer to doctors and dentists who are currently funding claims payments which have disproportionately high legal costs. This report is a positive first step to achieving this aim."

* Review of Civil Litigation Costs: Final Report, Right Honourable Lord Justice Jackson, 14 January 2010

Source
Medical Defence Union

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