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From Certificates to Belief Statements: The CPS and the Limits of Forum Bar Intervention
Rebecca Niblock
David Cameron recently made a public apology in the House of Commons for what was called “the worst treatment disaster in the history of Britain’s public healthcare”.
He was referring to a period in the 1970s and early 1980s in which the NHS did not have a proper screening programme for obtaining blood products, which were often taken from high risks donors, such as prostitutes and intravenous drug users. As a consequence blood products became infected with HIV and Hepatitis C, and over 7,000 people, many of them haemophiliacs, went on to contract HIV and Hepatitis after being given contaminated blood products during the course of their treatment. Approximately 2,000 of those patients went on to die.
Last night, I read two very different stories in the London Evening Standard. The first was in relation to an unfair dismissal claim from a banker, and a good example of our justice system working well. The other story told of a young boy who died in a workplace accident, and left me feeling very frustrated with the limitations of our legal system.
A recent Court of Appeal decision has made it easier for children and “protected parties” (adults who lack mental capacity to conduct their affairs) to have their identity protected when settling a claim for personal injury or clinical negligence.
This winter has revealed to us all just how fragile our Accident & Emergency care services have become when faced with a perfect storm of simultaneous increased demand and cost, as well as changes in NHS structural management.
The current court issue fee to start formal proceedings in a civil claim worth over £200,000 is £1,515 rising to a maximum of £1,920 for the highest value claims. In proposals set out in the government’s second consultation document published on Friday 16 January 2015 , the Ministry of Justice announced that it has decided this issue fee should be set at 5% of the value of the claim, capped at £10,000 for claims over £200,000 with a 10% discount if lodged electronically. This represents over a 6 fold increase in a claim worth £200,000, for example. Substantial increases in other fees are also proposed.
Rebecca Niblock
Jemma Brimblecombe
Charles Richardson
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