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Press Release

Judge Praises Legal Aid for Hundreds of Harmed Children

15 June 2005

Today at a High Court hearing in Nottingham, Mrs Justice Laura Cox praised the Legal Services Commission’s (LSC) involvement in a case involving 450 children who were granted legal aid to pursue compensation for clinical negligence.

The LSC supported an approach called ‘alternative dispute resolution’ to deal with the case, thereby avoiding lengthy litigation. The Health Authority accepted liability and lawyers for the children and the NHS agreed that the case should be dealt with in this way.

Eleven illustrative settlements were approved ranging from awards of about £4,000 to £48,000. This case involved Dr Andrew Holton of Leicester who misdiagnosed children with epilepsy and wrongly prescribed them drugs between 1990 and 2001.

Giving her judgment Mrs Justice Cox specifically endorsed the early and detailed involvement of the Legal Services Commission which helped the claims to be resolved efficiently and cost effectively.

Steve Templeman, Regional Director of the East Midlands Legal Services Commission, said: "I am pleased that the High Court has recognised and commented favourably upon our early involvement in this case. It highlights the crucial role of civil legal aid in enabling people to access justice.
 
"We are committed to alternative dispute resolution to avoid delays in cases and unnecessary court hearings wherever possible. I am delighted that this case has been resolved smoothly."

The approach adopted in this case involves panels of experts who consider each case. These meetings are also attended by lawyers and the parents of the children. The experts’ views are then taken into consideration by lawyers who negotiate the level of damages which are formally approved by the court.

The East Midlands office of the LSC granted legal aid certificates to the 450 affected children, the majority of whom are represented by Freeth Cartwright and Alexander Harris.

Media information

Clare Yau
Regional Communications Manager
T: 0115 908 4328
M: 07841 253 778
E: clare.yau@legalservices.gov.uk

Notes to Editors

1. The Legal Services Commission helps people obtain publicly funded legal and advice services.  Its work is particularly important in ensuring that the vulnerable and socially excluded have access to justice.  It replaced the Legal Aid Board in 2000 and is an independent public body, sponsored by the Department for Constitutional Affairs.
   
2. This financial year, the Legal Services Commission will spend around £2 billion on legal services, mainly through its two schemes in England and Wales: the Community Legal Service and the Criminal Defence Service. Visit www.legalservices.gov.uk for details.
   
3. The East Midlands Regional Office covers Derbyshire, Leicestershire, Lincolnshire, Northamptonshire, Nottinghamshire and Rutland.

 

Last updated: 28 December 2006