Android's Reminiscences

More areas of practice recognised under QLTR

2012-01-28T01:25:00.001Z

Just went to check up on the different areas of practice on the SRA’s website, and… I couldn’t believe my eyes… They have listed Clinical/Medical Negligence as a separate area!!!

This means that by 5 February 2012 I will have satisfied the 3-area requirement for my Certificate of Eligibility!!! Can this really be happening?!

So basically to satisfy the QLTT experience requirement, you need to gain experience in at least 3 of the following areas of practice (however they say that other areas will also be considered; the newly added ones are highlighted in bold):

Banking
Civil Litigation
Children / child care
Clinical / medical negligence
Commercial law
Commercial litigation
Commercial property
Company law
Construction
Consumer law
Criminal Litigation
Domestic property
Employment
Environmental law
EU law
Family
Housing
Immigration
Insolvency
Insurance
Intellectual property
Local government / public law
~~Magisterial~~ (removed)
Pensions
Personal injury
Planning
Professional negligence
~~Property~~ (removed)
Regulatory
Shipping & aviation
Tax and financial planning
Welfare and benefits
Wills, probate and trusts

For more information, visit the SRA’s website.

Whiplash Scammer? You will be Found out.

2012-01-27T22:53:00.001Z

Whiplash is caused when the head experiences sudden, usually violent or forceful movement, causing the muscles, tendons or ligaments of the neck to sustain damage. What constitutes damage or injury in this context is the cause of much concern among insurers, solicitors and medical professionals. The problem is that the symptoms of whiplash can be difficult to properly diagnose; thus, a claimant with a legitimate claim might be accused of feigning injury whilst a fraudster might get away with it.

According to the ABI, around £2 billion is spent by insurers on whiplash claims every year, yet only £8 million is spent on treating whiplash injuries by the NHS. This discrepancy can be interpreted in several ways, but in essence either the NHS is not investing sufficient funds in treating, diagnosing and researching the condition or fraudulent claims exist in abundance. Compensation claims perhaps ought not to be worth 250 times the cost of treating the associated injury, so it could be argued that whiplash fraudsters exist at all levels of the claims process, from claimants to solicitors. Speculation aside, whiplash fraud is a serious problem affecting the motor insurance industry, so efforts to reduce its impact must be given full consideration by those in a position to make a change.

The only reliable measure of whiplash is a doctor's examination, but this too is not perfect. Doctors can diagnose obvious signs of injury such as bruising, swelling and dislocation, but stiffness, weakness and pain can occur without significant signs of injury. An accident victim is not necessarily faking an injury if they report feelings of discomfort without there being a tangible or visible problem. Of course, the absence of certainty surrounding whiplash injuries means that many are faked by fraudsters who are intent on receiving compensation for which they are not entitled. So, what can be done to address the problem?

Reputable law firms and insurance companies employ various measures to identify fraudulent claims. Though limited, these measures are often successful in weeding out the bad apples, the majority of whom exaggerate their injuries. Independent medical reports tend to be very useful in establishing whether a claimant is telling the truth about their whiplash injury, which is why solicitors usually forward cases on to trusted medical professionals for more detailed analysis.

A GP might be content to diagnose or refer a case of whiplash with several dozen patients waiting in the queue, but an independent medical examiner will take their time to ensure that an alleged injury is properly diagnosed. Most personal injury claims involving whiplash hinge on the evidence provided by independent medical examiners, so this represents the highest level of scrutiny prior to a claim being settled.

Fraudsters who have managed to fool doctors and solicitors should not rest on their laurels, however, as many firms follow up claims for some time after settlement. If, for example, a fraudulent claimant has successfully received whiplash compensation worth several thousand pounds, claiming a long-term injury, the solicitors or agents involved in the case might instruct private investigators to keep tabs on them. Fraudsters who one day claim that they can hardly move their necks only to be observed playing football the next are likely to find themselves in a spot of trouble.

People who are found guilty of defrauding others in this manner may be asked to pay back any compensation awarded to them and they might even face a custodial sentence. Fraudsters rarely prosper, regardless of what insurance companies might lead people to believe.

This guest post has been written by Denver Burke on behalf of Ead Solicitors. He has been writing articles and content on a variety of topics across the web and is hoping to share his enthusiasm and knowledge on the subject.

Perfect Job Ad.

2012-01-20T00:49:00.001Z

Dear Readers,

What would you think if you saw the following job ad?

Are you seeking a career as a Paralegal in a little friendly firm? Look no further. The ideal candidate will be self-motivated with excellent communication and organisational skills and possess the ability to work in a fast-paced, deadline-driven environment with a high degree of accuracy, professionalism, and close attention to detail, willing to work late hours and weekends, as well as taking work home.

Key responsibilities:

Managing your own caseload of around 60 files of varied complexity, including litigated cases

Answering external telephone line and screening incoming calls

Dealing with new client enquiries and setting up new cases

Providing technical support to all staff

Creating the firm’s advertising and marketing material using graphic editing software

Negotiating advertising deals with newspapers and magazines

As no admin support will be provided, you must be self-sufficient and be able to do your own filing, post, photocopying and faxing, to name a few tasks.

There will be no printing facilities in your room, therefore candidates must be physically fit to run up and down the stairs to fetch print jobs throughout the day (NB: please note that employer accepts no responsibility for any tripping/falling accidents).

Crazy, right? Jobs like that do not exist!

PIP Implants.

2012-01-06T21:42:00.001Z

Personal Injury solicitors are going crazy about the potential claims resulting from the PIP implants scandal.

One firm is said to already have over 600 potential clients on their books!

If only they could find someone to sue...

QLTR Application - CRB Check & AD1 Form

2012-01-02T16:37:00.001Z

Once you have passed the QLTT and gained the relevant work experience, you need to request the AD1 form for Admission to the Roll of Solicitors and a Criminal Records Bureau (CRB) application form from the SRA.

SRA can be contacted via email: contactcentre@sra.org.uk or phone: 0870 606 2555 (why can’t you just download these forms on the internet?!!).

It would appear that you need to complete the CRB form first and send it to the SRA with a £42 cheque (the SRA will then submit it to CRB). Registered trainees would get the CRB form about 12 weeks before the scheduled end of their training contract.

Once you have the CRB check results, you can apply for admission using AD1 form (associated fee is £100).

I have only just requested these forms from the SRA, so will blog in more detail once they are to hand…

Useful links:

Calling names on Facebook.

2011-12-11T02:09:00.001Z

Flint Bishop Solicitors have come up with the following catchy banner:

I wonder if their service extends to ‘colleagues’?

Annoying clients etc

2011-11-20T18:14:00.001Z

Sorry I haven’t posted for a while.

Whenever I think of a post idea, I immediately fear how it’s all going to be misinterpreted and taken out of context by certain people. I said previously that I didn’t care about losing my anonymity, but now I wish I had it.

Anyway, until I figure out what to do (or come up with a ‘safe’ idea for my post), I wanted to share this great blog that I came across, called ‘I do not want to be your lawyer’. Despite being written by an American Personal Injury lawyer, I wish that some of the posts were made into leaflets for our clients, because they are spot on.

There’s loads of funny stuff there, so it’s definitely worth a visit. Here’s an excerpt from a particularly accurate post entitled ‘5 Ways To Be An Annoying Personal Injury Client’. I couldn't have put it any better myself (and I hope that the author won’t mind me reposting it here):

1. Annoying Clients Call Way Too Often

Clients have the right to be kept apprised of the status of their case. However, there will be times during your case when there is nothing new to report. Calling every day or even every week is excessive unless your case is at a critical point, like right before your trial.

It is in your lawyer’s best interest to let you know when something important happens. He’s not going to sit on settlement offers (he wants your case to settle, too). He’ll tell you when depositions or mediation are approaching, as he’ll want you to be prepared. But if you haven’t even reached MMI yet, your lawyer will probably not have anything new or important to report for quite some time.

By all means, if you have new information for your lawyer, such as a new medical provider or a change in your condition, call and let him know. A lot of information can just be given to his paralegal and won’t require your attorney’s direct attention. Calls to give your lawyer important information are never annoying. Calls asking for a status update more than once a month risk being annoying. You will begin to sound like the kid in the back seat asking, “Are we there yet? Are we there yet?” A client who calls way too often takes time away from the lawyer working on his case and those of his other clients, and he also makes the lawyer feel untrusted. Don’t be one of those clients.

2. Annoying Clients Bring Their Lawyers Legal and/or Medical Research

Nothing makes a lawyer roll his eyes more than a client walking into his office with a phonebook-sized stack of “legal research” the client has done on the internet. Your lawyer knows how to do his own legal research. He will very likely have better research tools than you. He will know which cases are controlling in your jurisdiction, and which cases are applicable to the facts of your case. No matter how smart you may be, or how good a legal researcher you may fancy yourself, you hired a lawyer for a reason — he’s better at it and knows more than you.

You may think you’re being helpful. You aren’t. I guarantee that the moment you leave your lawyer’s office, your hours of legal research are going directly in the trash bin. Expecting your lawyer to sift through an amateur’s stack of legal research is annoying.

While not as annoying as bringing your lawyer legal research, bringing your lawyer stacks of medical research from the internet can be pretty damn annoying. Unless you’ve got some bizarre condition that no one you know has ever heard of, odds are that your attorney is familiar with your type of illness. We don’t need articles on back injuries, knee injuries, torn rotator cuffs, post-concussion syndrome, fibromyalgia, RSD/CRPS, depression or a host of other ailments. If your lawyer is unfamiliar with your type of medical problem, he will ask you (or your doctor) about it.

3. Annoying Clients Ask Their Lawyers for Loans

We’re lawyers, not banks. Your lawyer is already risking his time and money by taking your case on a contingency basis. Don’t ask him to increase his risk further by giving you a loan you may never be able to repay. Aside from ethical concerns about engaging in such a transaction with a client, business concerns will almost always cause your lawyer to decline all loan requests. If you are in dire financial straights, there are lawsuit loan companies that may be able to help you.

4. Annoying Clients Tell Their Lawyers About How Much a Friend or Family Member Recovered in a “Similar” Lawsuit

No two lawsuits are alike. This fact is lost on annoying clients, who will invariably ask why their case isn’t worth as much as “so and so’s”, who had the same type of accident and injuries. Really? The same exact accident and the same exact injuries? Did they also have the same job and make the same amount of money? Did they have the same amount of medical bills? Did they live in an area with the same type of jury pool? Obviously not.

When you try to increase your lawyer’s valuation of your case by referring to some other person who recovered more money, you are implicitly questioning your lawyer’s abilities and experience and frankly, insulting him. There are a host of factors that go into your lawyer’s evaluation of what your lawsuit is worth. These will never be the same from case to case.

The more money your lawyer recovers in your case, the more he makes. He has no incentive to take a lowball offer. If you think your lawyer doesn’t value your case highly enough, ask him why. Just don’t try to persuade him by referencing some other case that is likely quite different from yours.

5. Annoying Clients Think Their Lawyers Are Also Their Therapists

Personal injury clients are often emotional, anxious and depressed. Lawyers understand this and most try to be compassionate. Unfortunately, some clients interpret this compassion as an invitation to air all of their personal problems at length. There is a reason therapists charge by the hour for this type of service. Lawyers do not have the time to act as their clients’ therapists, and most would not be very good at it anyway.

Lawyers anticipate that some “hand holding” will be required when representing a personal injury client, but clients who take advantage of this rapidly become annoying. If you call your lawyer for no other reason than to cry and complain about how miserable you are, you’ve crossed the line.

Call a friend. Call family. Call your priest or therapist. Don’t call your lawyer when you just need a shoulder to cry on. The fact that you would even consider such a thing (given lawyers’ reputation) just shows that you probably need professional help.

Source: idonotwanttobeyourlawyer.com

Legal Cheek

2011-10-24T18:27:00.001+01:00

I’d recommend that you bookmark the new addition to the blogosphere – Legal Cheek (header image may be NSFW ;D)

From the blog’s description:

Legal Cheek reports on the colourful goings-on in the legal Twittersphere, hosts the most talented up-and-coming law bloggers, and is home to the #RoundMyKitchenTable podcast with Guardian law columnist Alex Aldridge and corporate lawyer Kevin Poulter.

You can also read my post on office politics & bullying in law firms there. :)

Brain injury compensation: the increasing role of rehabilitation.

2011-10-24T18:07:00.001+01:00

Many victims of acquired brain injury pursue compensation for their injuries. A brain injury compensation claim can help the injured person and their family financially, provide compensation for loss of earnings, provide care, equipment and assistance, and provide appropriate accommodation.

However, increasingly the initial focus within the compensation claim will be upon rehabilitation. Rehabilitation aims to minimise the long-term effect of the acquired brain injury and helps the victim and their family come to terms with their injuries, and adapt to make the best of their future.

Generally it is felt that the rehabilitation process needs to begin as early as possible. In the UK the NHS generally provide good initial critical care, but the rehabilitation offered subsequently may be limited by resources and depend on your local area’s facilities. Brain injury rehabilitation may take place as an inpatient, in some cases outpatient treatment will be offered at a local hospital or unit, and for others rehabilitation may take place within the community.

An experienced brain injury Solicitor will take an active role in working with both your treating doctors and also with the private sector in providing early access to resources that may through litigation. It is imperative therefore that you find the right Solicitor, with the appropriate experience in dealing with brain injury cases.

Within England and Wales where a claim for compensation is pursued we have a Rehabilitation Code of Practice which aims to promote the use of early rehabilitation within the compensation process. The Code is designed to ensure that the victim’s rehabilitation is assessed and prioritised, and that the process of so doing is pursued on a collaborative basis by the claimant’s lawyer and the compensator.

In many cases interim payments of compensation can be obtained so that rehabilitation needs can be met privately. A specialist Brain Injury Case Manager can be appointed to help the injured person and their family along their rehabilitation path. Commonly Neuro physiotherapy and Neuropsychology treatment can be arranged. This also gives the injured person a focus and structure, which in turn can help them along their rehabilitation journey.

The Association of Personal Injury Lawyers are currently piloting a Multi Track Code to be used in high value cases, including those involving brain injuries, which heavily focuses on rehabilitation and early access to interim payments of compensation.

As a Brain Injury Solicitor I am pleased to see the focus that has been placed on rehabilitation over the past decade or so. The focal point in a brain injury compensation claim should always be on the individual, and tailored to their individual circumstances, with the aim to provide them with the best outcome and future. This may not always be the largest financial settlement.

This was a guest article from Joanne Berry, Partner at Pannone Solicitors Serious Injury Group. For more information on Pannone, visit their website http://www.pannone.com/.

Custodial sentence for ‘trolling’.

2011-09-13T19:41:00.001+01:00

Sean Duffy, 25 (pictured on the right), an alcoholic with Asperger's syndrome, was sentenced to 18-week sentence for trolling on facebook. Theses would be proud of him.

According to BBC, he called a dead teenager a ‘slut’ on her tribute facebook page, made a poor-taste youtube video about her, and trolled on other tribute pages.

Is it me or is a custodial sentence for internet trolling a bit over the top? It’d been better if he was offered to pay compensation to the victims of his recreational activities…

Lawyer Speak

2011-09-10T16:28:00.001+01:00

I’d like to mention my new project called ‘Lawyer Speak’ again.

I got the idea from the image macros. For some examples, see this website. ;D At first I was going to create the image macros for certain characters, like a cynic solicitor, annoying secretary etc, but I couldn’t find any suitable images and it all seemed like too much work. ;D I may do an occasional one in the future though…

It’s still early days, but basically the website will be collecting fictitious quotes that may be encountered in the legal industry, be it from the solicitors, the police or the ~~annoying~~ admin staff. Submissions from everyone are most welcome (just email them over).

Also, I’d be extremely grateful if you could please add Lawyer Speak to your blogroll or mention it even. :D All links will be reciprocated – just let me know.

Thanks! :D

Former gangster secures criminal pupillage.

2011-09-08T20:35:00.001+01:00

That’s right. Tony Massiah, aged 24, has been able to secure a criminal pupillage at Tooks Chambers, having previously been a member of a street gang and having convictions for ABH and burglary. He was also expelled from several primary schools. According to the London Evening Standard, he decided to turn his life round when apparently someone shot at him in a gang brawl, but missed.

He said: ‘If anyone says it’s impossible, I’m proof that it’s not. I sympathise with kids drawn into gangs and I know it’s not easy to leave but if I could say anything to them it would be that they’re not your real friends if they’re asking you to do a crime.’

So we’re all struggling to think of ways of making our pupillage applications stand out. This story clearly demonstrates that as well as the relevant work experience, it may help the aspiring candidates if they had a couple of convictions under their belt. It makes perfect sense! The following answers will guarantee an interview, if not pupillage:

Why do you want to become a barrister?

When I was convicted of armed robbery, I realised that my barrister had poor cross-examination skills, and I thought that I could do a better job myself.

Why should we give you a pupillage?

I can guarantee a steady flow of work from my mates, who are considering appealing their sentences.

Now, if you are aiming for a civil pupillage, it’s probably best to make a few personal injury claims to get to know the process ‘inside out’. In your pupillage application form you can always mention how your solicitor failed to obtain you a £10,000 settlement for a minor whiplash, when you know people who got more for less serious injuries! The chambers are bound to sympathise with you, because they know how useless those ambulance chaser solicitors are.

Can anyone think of other things to do to make your application stand out?

A link…

2011-09-07T23:00:00.001+01:00

…I’d like to share with you:

http://lawyerspeak.co.uk/

Nothing.

2011-08-29T20:52:00.001+01:00

Since I can’t think of anything to blog about, I’ll post a photo of a cute animal instead. Guess what it is? :)

Welsh barrister got a love note during a trial (old).

2011-08-21T11:21:00.001+01:00

Sorry I’ve not been blogging much lately. I blame work for that!

Anyway, I came across this article yesterday, which is about a female juror who disrupted a trial by passing her business card with a note, saying ‘Meet me for a drink afterwards’ to Mr Dyfed Thomas of Angel Chambers in Swansea, who was prosecuting.

From Times Online:

A security guard whom the juror used to pass the card to Mr Thomas said: “I saw the card she enclosed and she had PhD after her name. But I don’t think she could have been all that bright.”

[…]

The card was passed via a security guard. Mr Watson saw the funny side of the incident: “It was hilarious. “She should have known better. She was so embarrassed I felt sorry for her. Mr Thomas looked just as embarrassed.

“The other barristers seemed to find it very funny. I think that it will take a long time for him to live this one down.”

Mr Thomas said: “I am so embarrassed. My Mum will fill up when she hears about it.”

Pupillage Portal sent out applications with missing data.

2011-07-24T15:11:00.001+01:00

Apparently, due to a system error on the Pupillage Portal, a number of applications sent to chambers were missing the Pupillage Application Questionnaire section, meaning that the application forms appeared incomplete when received. The Bar Council is said to have written to all of the affected candidates, as well informing all affected and unaffected chambers. They are saying that no data has been lost.

From the Bar Council’s website:

It came to the Bar Council’s attention last week that in checking its files, GTI has identified a number of pupillage applications to some chambers in which the PDF print version of the application was missing the Pupillage Application Questionnaire section. Where this has occurred, the applicant’s form will appear to have been incomplete.

The problem has been caused by a software error, which has now been fully resolved and all affected applicants and relevant applications have been identified. The Bar Council is making this information available at the earliest opportunity on ensuring that the problem has now been fully addressed.

The missing section of the PDF files in question was available at all times on the portal and no data has been lost or corrupted.

These problems have affected approximately 2% of all applications via the Portal and approximately 11% of applicants will have had one or more of their applications affected. Each applicant is permitted to make up to 12 applications via the portal.

The Bar Council and GTI have written to all chambers which are affected by this issue, to all unaffected chambers to make them aware of it and to all candidates using the Portal.

The Bar Council understands and deeply regrets the concern that this information will cause for applicants. It is working closely with GTI and the Bar Standards Board to ensure regular updates about the extent to which the problem affects this year’s pupillage application round. The Bar Standards Board is fully aware of the issue and, if necessary, will consider whether or not the date upon which pupillages may be formally offered (Tuesday 2 August) will need to be postponed to ensure that the system has been fair and transparent for all involved.

Non-practicing barristers to become ‘unregistered barristers’

2011-07-17T20:34:00.001+01:00

Saw the following tweet from the @TheInnerTemple:

With the QLTR regulations repealed, the barrister title is useless for those without pupillage. Isn’t it?

Crash for cash.

2011-07-12T22:48:00.001+01:00

A colleague told me about a recent programme on BBC about insurance scams involving staged car accidents. I haven’t watched it yet, but it’s available on iplayer now. Will watch it and post later.

And then you wonder why everyone hates Personal Injury solicitors!

Was Jeffrey Samuels QC just doing his job?

2011-07-10T22:19:00.001+01:00

I’ve been reading the coverage surrounding the criticisms of Jeffrey Samuels QC conduct during the Levi Bellfield murder trial, in particular the cross-examination of the victim’s parents (when the defendant himself chose not to give evidence in court).

If you read the comments for the Independent article, the people are outraged. They don’t understand why would anyone want to defend a murderer!

Take these comments, for example:

“If Samuels only line of attack was to discredit Milly's parents - that shows that either he's really not that bright - and certainly not worth the £000's per hour…”

“He has done considerable harm to the reputation of the judicial system and lowered the already low regard in which barristers are held.”

“Character assasination is a frivolous defense used by by clueless barristers bereft of any other means of defending their client italso entails a vacuous assertions, which is not supported by argument or evidence. The rules of procedure provide that on motion such defense may be ordered stricken from the pleadings.”

“So it's alright for Samuels to mount a public character assassination of a murder victim and her family yet when others subject him to the same treatment he doesn't like it.Perhaps he now knows how Milly's family feel.”

Whatever happened to ‘innocent until proven guilty’…

Another BVC graduate disbarred forever.

2011-07-03T14:10:00.001+01:00

It really makes you wonder… have these people been asleep during their Prof Con classes?

Anyway… This story concerns Mr Darren Cox, who was called to the Bar in 2000, but, like most of us, failed to secure a pupillage.

It is alleged that he misled some management consultant into thinking that he was a practising barrister, charging him £1,000 in fees, but forgetting to pay the court fee, causing the case to collapse.

Mr Cox argued that he did make it clear to his ‘victim’ that he was a non-practising barrister.

His unfortunate client, Mr John Maynard, said otherwise.

From the Manchester Evening News article:

In evidence Mr Maynard, from Stockton-on-Tees, said Mr Cox ‘told a story of how he worked for a top chambers in London, had given it up and gone freelance.’ He said: “He had taken a job as a secretary of a company but was doing this kind of work on the side.”

But he said he grew suspicious after seeing Cox described as ‘non-practising’ on a sheet of paper. “He led us to believe he was a barrister. When I saw non-practising I challenged him,’ he added.

“He came out with a story that he could do everything a normal barrister could but because he wasn’t in chambers he put non-practising.

“I trusted him implicitly. I think I have been conned and I think others have been too.”

More information is available on the Bar Standards Board website.

These stories make me cringe. What are these people thinking?!

For the avoidance of doubt (from the BSB):

Any barrister who does not hold a practising certificate, for whatever reason, must not hold him or herself out as a barrister in connection with the supply of legal services.
The transitional provisions allowing certain barristers to supply legal services as a “barrister (non-practising)” ended on 31 July 2005. All barristers without practising certificates must either comply with the current provisions, or stop using any title containing the word “barrister”.

When it’s not prohibited to describe yourself as a barrister:

Lecturing or teaching law.
Writing or editing law books, articles or reports.
Reading for libel.
Acting as an arbitrator or mediator.
Acting as an honorary legal adviser to a charity.
Barristers without practising certificates may describe themselves as a lawyer or as a graduate of the BVC/BPTC even when providing legal services.

Further reading:

Holding out as a barrister (BSB)

Barristers without practising certificates who supply Legal Services – Guidance on exceptions to the general rule banning holding out (BSB)

Top Tips for Handling Clinical Negligence Claims

2011-06-27T19:14:00.001+01:00

Clinical negligence claims can often be medically complex and difficult to get to grips with. These types of claim also involve issues of professional negligence so have legal rules not found in other personal injury claims.

Here are some top practical tips when handling a clinical negligence claim.

Information from your client

Obtain as much information as possible from your client at the outset of the claim.

Check when your client or their relative discovered the potential negligence – the period within which a claim can be made is 3 years from the date of knowledge and not from the date of the “incident”. If the patient is under 18 at the date of knowledge, the 3 year period does not begin until their 18^th birthday;
Make sure you obtain information of everywhere the client or their relative has been treated so you know who the intended Defendant will be. It may not be who the client thinks is responsible;
Was the client or their relative treated privately? If so they may be able to claim for breach of contract as well;
Discuss how the claim is going to be funded – check whether your client qualifies for legal aid;
Make sure your client has signed off all the relevant authorities to obtain their or their relative’s personal information;
Ask the client for information relating to complaints they have made to other bodies such as Patient Advisory Liaison Service (PALS)/ Care Quality Commission (CQC or previously Healthcare Commission)/ Ombudsman/ NHS Complaints;
Check if your client has contacted any support organizations such as Action Against Medical Accidents (AvMA).

Information from other sources

NHS bodies and private organisations are often very slow in providing copies of medical records and documents. This can be difficult, particularly if the time period within which to make a claim is nearly up. Remember that there are other bodies that may be able to assist you in obtaining relevant information.

If there is a delay in getting a copy of the records, ask for the originals by recorded delivery so you can copy them yourself;
Once you have the records and have reviewed them, send them to be screened by a medical professional to ensure there is a valid clinical negligence claim;
If there is a Coroner’s Inquest, request a copy of the outcome or attend in person. Your client may be giving evidence in any event;
Remember all doctors, nurses and dentists are regulated. Check whether fitness to practise proceedings have been instigated against the individual healthcare professional by their regulatory body such as General Medical Council (GMC)/ Nursing and Midwifery Council (NMC)/ General Dental Council (GDC), with allegations involving your claim. These are usually held in public and their findings are public documents (as long as the health of the particular professional is not in issue);
If there are other proceedings (such as GMC/ NMC/ GDC hearings) ask the solicitors prosecuting whether they have an expert report which could be relevant to your claim and ask for a copy, redacted if necessary;
If your client has made previous complaints, ask for the relevant reports and outcomes from the body complained to.

Instruct the right expert/ barrister

Clinical negligence claims often have complex medical issues and it is important that you instruct the right expert. Instructing the correct expert can be key as your case will hang and fall on the evidence that your expert provides either in report form or at Trial. Your choice of barrister will also be very important as they will need to understand the medical complexities and make sure they are asking the right questions.

Research your expert and barrister – ensure your expert is considered to be an expert in their field and that both your expert and barrister are experienced in dealing with clinical negligence cases;
Carry out background research regarding the subject matter as it will help you in understanding the key issues and ask probing questions of your expert;
If you are having difficulty with obtaining a relevant expert, Action Against Medical Accidents have a database of experts which you can use;
Know both sides of the argument; remember the Bolam and Bolitho tests and ask your expert if there is a body of expert opinion that would support the healthcare professional involved in the claim;
Have a meeting with your expert and with your barrister as soon as possible and make sure that you understand the expert’s position;
You may need more than one expert, don’t be tempted to ask an expert to comment on matters outside their expertise no matter how small;
Build a database of experts and barristers who you can use again.

The author of this post, Kelly McMahon, is a trainee solicitor with a background in investigating and prosecuting doctors on behalf of the General Medical Council. Kelly works for First Personal Injury, a law firm specialised in accident claims. The firm has been handling personal injury claims for over 16 years and have extensive experience of claiming compensation for clinical negligence.

HMCTS!

2011-06-20T13:01:00.000+01:00

Here's a riddle for you.

Can you find the Previous Guideline Rates (formerly accessible using this link) on the new HM Courts & Tribunals Service?

Good luck.

A gift from a client?

2011-06-06T08:32:00.000+01:00

There was a bag of shit left outside our office's front door, which I discovered this morning. I was the first one in, so... I just left it for the next person to find.

But still - what a gesture!

Work…

2011-05-15T14:33:00.001+01:00

The truth by Led Paint Comics.

Pupillage Statistics 2009/2010.

2011-04-29T18:14:00.001+01:00

The Bar Standards Board have recently released the ‘Bar Barometer – Trends in the Profile of the Bar’, which can be accessed using this link.

Amongst other things, here’s some stats regarding the pupillage situation for 2009/2010:

1,852 barristers were called to the Bar (53% were women and 70% were British)
1,793 students were enrolled on the BPTC
1,432 (80%) passed the BPTC, (76% in 2008/09)
460 First Six pupillages were registered (a decrease of 0.6% from 2008/2009)
495 Second Six pupillages were registered (a decrease of 4.4% from 2008/2009)
In 2008/2009, 40% (210) of pupils were women and 82% were white
In 2009, 497 tenancies were registered, an increase of 0.6% on the previous year (494 in 2008).

And a fragment of the ‘Bar Matrix’ (the full table can be found at p.35 of the document):

So basically your chances are almost equal to winning the X-Factor.