The NHS Litigation Authority (NHSLA) panel solicitors do not provide services to claimants therefore the amount paid by the NHSLA for clinical cases for their services provided to claimants is zero.
Providing data specifically for panel solicitors or for years prior to 1999 would be at disproportionate cost because the information is not readily accessible. Additionally, it is difficult to compare using information prior to 2002-03 because excess levels were operated on schemes, which means the data held do not cover all claims.
However, the NHSLA has provided the following table. The NHSLA does not have defence costs recorded prior to 1999 due to a change in accounting systems. Additionally, the NHSLA only records data by year for overall defence costs, which include barrister and medical expert fees alongside panel solicitors' fees.
|NHSLA defence legal costs paid per year by scheme|
|Clinical negligence scheme for trusts||Existing liabilities scheme||Ex-regional health authorities||Total clinical|
|(1) The NHSLA operated excess levels on two clinical schemes whereby trusts themselves handled and funded claims below the excess levels. The NHSLA does not hold data related to these claims. Excess levels for each of the two schemes were removed in the marked years and outstanding claims below excess were then fully funded by the schemes. These years therefore include reimbursement by the NHSLA of legal costs already paid by trusts against those claims. It will also include legal costs associated with solicitors not on the NHSLA's panel because trusts were originally handling some of those claims themselves and will have appointed their own solicitors.|