STOP PLAN TO RAID BRAIN INJURED BABIES' COMPENSATION

The Ministry of Justice is planning to raid 25% of the general damages and past losses (often including money to compensate to parents for the years of care they have provided) awarded to babies' who are brain damaged as a result of clinical negligence in order to subsidise the cost of legal aid in other areas of law. This is known as a 'Supplementary Legal Aid Scheme'.

In effect it is an extra tax on the most vulnerable and deserving victims in society and would make it unrealistic to take cases forward on legal aid, making a mockery of the so-called concession made to leave these cases 'in scope' for legal aid. In other words it is as good as scrapping legal aid for all clinical negligence cases through the back door.

The MoJ has admitted that in cases run under 'no-win no-fee' there will not be a 25% deduction, although solicitors will be permitted to in successful cases to deduct upto 25% as a success fee. (They can use their discretion not to, whereas there would be no discretion at the Ministry of Justice) .

For a copy of AvMA's submission to the MoJ click here: http://www.avma.org.uk/data/files/Response_to_MOJ_Key_Stakeholder_Exercise_re_SLAS_28_6_12.pdf