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Judicial Review issued in relation to Fixed Recoverable Costs
In August, The Association of Personal Injury Lawyers (APIL) issued Judicial Review (JR) proceedings against the Lord Chancellor.
The JR is based on several challenges to the MoJ plans to extend fixed costs to most civil claims worth up to £100,000.
There are 4 key grounds, one of which relates to Clinical negligence and the failure of the Government to properly consult on the new rules. APIL is also challenging provisions relating to vulnerable people which leave solicitors having to cover part of the additional costs incurred.
The other challenges are based on fixed costs for representation at inquests, and a possible reversal of Court of Appeal case law, which allows parties to contract out of fixed costs in disputed settlement agreements.
The JR proceedings were paused until the Government responded to the latest FRC consultation, which closed on 8th September. At the time of going to press, the Government had just affirmed its intention to go ahead with fixed costs on 1st October and announced fixed costs for clinical negligence cases up to £25,000 from April 2024.
APIL can apply to amend the grounds once they have seen the Government's response to this consultation.
Read more: https://www.apil.org.uk/statement/Fixed-recoverable-costs-judicial-review
New Rules for Expert Reports come into Effect this October
There will be a 20-page limit for all reports on the new intermediate track (those cases ranging in value from £25k-£100k). This intermediate track has been introduced to help provide greater certainty over legal costs.
All expert witnesses are required to meet their obligations under the Civil Procedure Rules.
Rule 28.14 (3) now states that: "...any expert report shall not exceed 20 pages, excluding any necessary photographs, plans and academic or technical articles attached to the report."
There are concerns in the industry that the new page limit could compromise the quality of expert evidence in more complex cases.
Industry bodies are seeking urgent clarification on what must be included in the 20-page limit.
Read more: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part28
The Scandal of Private Patient “Dumping” in A&E
In the month that saw Patient Safety Day, more than 500 patients a month were still routinely transferred to NHS hospitals from private clinics because of lack of proper overnight cover and intensive care in many private hospitals.
Delays in ambulance transfers have inevitably led to deaths in some cases, such as an elderly patient who died after waiting several hours for an ambulance from the Spire to Norfolk and Norwich Hospital less than a mile away. He had deteriorated during recovery from routine hip surgery.
Following a three-day inquest into his death, the county’s senior coroner, Jacqueline Lake, raised serious concerns about the incident.
“This is on the face of it a natural cause of death," she said. "However, this is not a case where this adequately reflects all the evidence I have heard.”
She said she would be sending a Prevent Future Deaths (PFD) report to both the East of England Ambulance Service Trust and Spire Healthcare, and also contacting the secretary of state for health.
Under an agreement reached during the pandemic, the private hospital treats many NHS patients, to help clear health service waiting lists.
Shockingly this has been the third such death at the Spire, after routine surgery and delay in transfer to NNUH, since 2020.
Read more: https://www.judiciary.uk/prevention-of-future-death-reports/christina-ruse-prevention-of-future-deaths-report/
The GMC Medical Practitioners Tribunal for Controversial Mesh Surgery
Surgeon Mr Anthony Dixon, who was dismissed in 2019, pioneered the use of artificial mesh to lift prolapsed bowels, often caused by childbirth, a technique known as laparoscopic ventral mesh rectopexy (LVMR). A GMC assessment in 2018 found “the standard of his professional performance and his performance was found to be unacceptable in the areas of assessment of pelvic floor patients, clinical management of pelvic floor patients, and working with colleagues.”
More than 200 patients underwent mesh bowel operations in Bristol they might not have needed, and many have been left with life-changing issues as a result, such as incontinence and chronic pain.
The tribunal, which commenced on 11 September 2023 and is due to run until November will “inquire into the allegation that between 2010 and 2016 Dr Dixon failed to provide adequate clinical care to six patients in a number of areas including: ensuring procedures for some of the patients were clinically indicated; adequately advising some of the patients regarding options for treatment; obtaining informed consent before performing clinical procedures; adequately performing a procedure for one patient; providing adequate post-operative care for some of the patients; and communicating appropriately with some of the patients and their family members.”
Read more: https://www.mpts-uk.org/hearings-and-decisions/medical-practitioners-tribunals/dr-anthony-dixon-sep-23
ACSO Launches Campaign to Reduce Civil Justice Logjams
The Association of Consumer Support Organisations (ACSO), which represents the interests of consumers in the civil justice system, has launched a campaign urging ministers to tackle ongoing delays in the civil courts.
The Ministry of Justice’s own Civil Justice Statistics show that in 2019, the mean time for multi/fast track claims to go to trial was 59.4 weeks. The latest data found that the average time is now 79.9 weeks.
Matthew Maxwell Scott, ACSO’s executive director, said that its own research conducted with Express Solicitors found that on average it takes 353 days to wait for the court to hear a case.
He said the ACSO campaign will urge ministers to make the delays a priority. “Most people want the civil courts to hear their cases quickly and effectively.”
ACSO now urges:
∙ More government focus on civil justice, including appropriate levels of new funding where necessary and new impetus behind the courts-reform programme;
∙ The adoption of a range of models of dispute resolution, including new technologies where appropriate, working with the MoJ, Master of the Rolls, service providers and others to build public awareness of and trust in new methods;
∙ More transparency on waiting times, court and tribunal processes and the implications of delays, cancellations and arcane processes;
∙ Ministers to set clear targets for getting delays down; and
∙ Working with stakeholders across the legal and claims sector to achieve a coordinated, consensual approach.
Read more: https://acso.org.uk/news
Government Consultation Launched into Unregulated Cosmetic Procedures
The public and businesses are being invited to share their views on how to make non-surgical cosmetic procedures, including Botox, laser hair removal and dermal fillers, safer.
The consultation will run for 8 weeks and will close on Saturday 28 October 2023.
It follows the passing of the Health and Care Act in April 2022, which gave the Health and Social Care Secretary the power to introduce a licensing regime.
Professor David Sines CBE, Chair of the Joint Council for Cosmetic Practitioners, welcomed the consultation, saying:
“It will help to ensure that people who undergo non-surgical cosmetic procedures receive treatment from practitioners who are properly trained and qualified, have the necessary insurance cover and operate from premises that are safe and hygienic.”
Read more: https://www.gov.uk/government/news/consultation-launched-into-unregulated-cosmetic-procedures
House of Lords Public Services Committee Investigation into Private Homecare Medicines Services
Homecare Medicines Services are under investigation this September by the Lords with DHSC Minister, Will Quince. They want to know how much the Government is involved in overseeing the provision and regulation of these services.
Estelle Morris, the chair of the committee, said: “There are reports of missed deliveries, delays, and potentially significant health impacts for patients. Our inquiry will seek to examine how far these problems are occurring and the impact of these problems – both for individuals and the wider NHS.”
Announcing details of the inquiry earlier this year, Lady Morris added: “The government is increasingly focused on how to treat more people out of hospital and look after them in the community. Homecare medicine services could form part of the answer to this, and it is crucial that they – and the system – can be relied upon to give patients the care they need, when they need it. We have received feedback that this may not be the case at the moment.
“The services we will be looking at are private companies, which have a sometimes arms-length relationship with the NHS. We are looking at how they are governed, managed, and how standards are enforced. We will also examine transparency and accountability – someone has to take responsibility for getting this right.”
One company under the spotlight is “Sciensus”, after a patient recently died and three more are critically ill as a result of receiving unlicensed versions of cabazitaxel, a chemotherapy used to treat prostate cancer, which Sciensus was authorised by the Medicines and Healthcare products Regulatory Agency (MHRA) to manufacture.
Read more: https://committees.parliament.uk/work/7739/homecare-medicines-services/
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