Information Request for Claimant Firm Costs
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2nd Floor 151 Buckingham Palace Road London SW1W 9SZ Telephone: 020 7811 2700 April 2019 FOI_3727 The following information was requested on 29 March 2019: For the last two financial year available please provide a full list (preferably in excel format) of all the claimant firms to have received money from the NHSLA in relation to claimant costs for the clinical negligence scheme (CNST) ? For each of the firms please provide the following information: 1. Claimant Firm Name 2. Nr of Claims 3. Damages Paid 4. Defence Costs Paid 5. Claimant Costs Paid 6. Total Paid Our Response Please find attached the requested information. The information supplied relates to claims closed/settled in those years but payments may have been spread across a range of financial years, not necessarily just in the last 2 years. Please note that ‘claimant costs’ includes not only the fees of that firm but other costs such as expert and barrister’s fees and court costs. This does not include claimant firms where no damages or claimant costs were awarded. We have suppressed low numbers as we believe that disclosure of information with this level of granularity is exempt under Section 40(2) by virtue of section 40(3) (a) (i) of the Act, where disclosure to a member of the public would contravene one or more of the data protection principles. The data protection principles are set out in Article 5 of the General Data Protection Regulation. We take the view that it would not be fair or lawful (given the sensitive and confidential nature of the information held) to disclose such information, and any disclosure would therefore contravene the first data protection principle. In some instances the low numbers of claims (fewer than 5) in each category, the likelihood exists that individuals who are the subject of this information may be identified either from this information alone, or in combination with other available information. In addition to this, as this information is considered to be sensitive personal data (the data subjects’ medical condition); NHS Resolution believes it has a greater responsibility to protect those individuals identities’, as disclosure could potentially cause damage and/or distress to those involved. Where we are in the territory of such small numbers in the attached, we have used a ‘#’ symbol in the relevant field. You should still be able to see aggregate/total details for higher level fields containing this data. If you would like to know how data is categorised in our Claims database please see the following link: Glossary This concludes our response to your request. If you are not satisfied with the service that you have received in response to your information request, it is open to you to make a complaint and request a formal review of our decisions. If you choose to do this, you should write to Tinku Mitra, Head of Corporate and Information Governance for NHS Resolution, within 28 days of your receipt of this reply. Reviews of decisions made in relation to information requests are carried out by a person who was not involved in the original decision-making about the request. If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a review of the decision. Generally, the Information Commissioner will not make a decision unless you have exhausted the local complaints procedure. The address of the Information Commissioner’s Office is: Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Freedom of Information Request# 3727 Data correct as at: 2019-03-31 T A B L E O F C O N T E N T S NB: Number of claims fewer than 5 (and any associated values, within the same row) are masked with a "#" (in accordance with Data Protection guidelines). Accordingly, some total values may also be approximated to prevent masked values to be deduced through reverse calculation. Q1: For the last two financial year available please provide a full list of all the claimant firms to have received money from the NHSLA in relation to claimant costs for the clinical negligence scheme (CNST)? Table 1: Number and Cost of Claims Closed/Settled between financial years 2016/17 and 2017/18 Page 1 of 10 Freedom of Information Request# 3727 Data correct as at: 2019-03-31 Q1: For the last two financial year available please provide a full list of all the claimant firms to have received money from the NHSLA in relation to claimant costs for the clinical negligence scheme (CNST)? Table 1: Number and Cost of Claims Closed/Settled between financial years 2016/17 and 2017/18 Closed_Settled Y Clinical_NonClinical Clinical Scheme CNST Claim_Outcome_FOI (Multiple Items) Year of Closure (Settlement Year for PPOs) Defence Claimant --- Claimant Solicitor Firm No of Claims Damages Paid Costs Paid Costs Paid Total Paid 2017/18 Irwin Mitchell 457 174,818,255 12,593,710 52,538,793 239,950,758 Slater & Gordon 271 58,671,902 4,562,998 21,833,727 85,068,627 Fletchers 180 7,273,779 637,396 6,184,433 14,095,608 Enable Law 162 24,129,576 1,734,984 6,563,520 32,428,080 Quality 132 8,302,704 870,672 2,994,237 12,167,613 Thompsons 114 13,314,850 1,447,250 5,430,985 20,193,084 Neil Hudgell 114 3,620,440 613,775 2,157,667 6,391,882 Leigh Day 102 34,621,102 2,291,559 10,903,604 47,816,266 Simpson Millar 97 16,017,259 1,526,955 6,270,881 23,815,095 Pryers 96 7,868,062 1,066,642 5,170,929 14,105,632 Curtis Legal 95 1,273,722 191,493 587,897 2,053,112 Shoosmiths Access Legal 87 16,838,711 1,701,224 8,357,609 26,897,544 JMW 82 37,335,127 2,246,591 7,394,629 46,976,346 Bridge McFarland 67 6,812,475 996,882 4,680,782 12,490,138 EAD 64 2,221,592 558,609 2,041,038 4,821,239 Lyons Davidson 64 3,084,424 572,540 1,974,193 5,631,156 Royds Withy King 61 13,800,704 1,018,216 4,681,739 19,500,659 Switalskis 59 13,338,332 975,515 4,134,257 18,448,105 Hudgell 52 7,277,189 494,156 1,694,783 9,466,127 Gadsby Wicks 50 5,565,108 840,046 5,596,196 12,001,351 Wolferstans 50 1,651,792 667,339 2,514,846 1,530,392 Bower & Bailey 49 1,329,191 390,117 1,298,820 3,018,128 Atherton Godfrey 47 4,385,947 931,176 4,870,622 10,187,744 Hugh James 46 3,154,938 498,852 2,902,473 6,556,263 Penningtons Manches 45 19,962,053 1,009,035 5,487,802 26,458,890 Pattinson & Brewer 43 3,018,550 558,465 2,326,768 5,903,784 Attwood 41 1,041,723 188,143 819,421 2,049,287 Hodge Jones & Allen 40 12,038,740 767,863 3,340,164 16,146,767 Linder Myers 38 13,085,257 899,116 3,025,700 17,010,073 Brindley Twist Tafft & James 37 4,207,576 472,890 1,642,750 6,323,216 Jackson Lees 37 16,991,012 858,612 3,220,194 21,069,818 Longden Walker And Renney 37 5,411,194 509,506 1,885,354 7,806,054 Coles Miller 36 1,379,677 139,490 821,996 2,341,162 Price Slater Gawne 36 1,314,620 361,054 1,814,694 3,490,368 Dutton Gregory 35 1,631,454 373,515 1,825,663 3,830,632 Nelsons 35 5,321,735 838,473 2,009,669 8,169,877 Lime Personal Injury 34 1,578,578 433,327 2,234,207 4,246,112 Russell Cooke 34 3,454,673 694,571 2,551,276 6,700,520 Fairweathers 32 1,744,463 305,110 1,752,095 3,801,668 Thomson Snell & Passmore 32 3,165,697 478,394 1,836,853 5,480,944 Wixted & Co 32 1,191,689 187,061 744,830 2,123,580 Hay & Kilner 30 5,581,607 551,961 2,352,101 8,485,669 Stephensons 29 6,439,875 874,428 3,020,769 10,335,072 Burnetts 28 21,398,048 1,259,720 4,908,528 27,566,295 Ashtons Legal 27 6,182,272 617,759 2,506,183 9,306,214 Geldards 27 1,127,190 196,306 983,820 2,307,316 Forbes 27 1,438,524 271,083 549,503 2,259,110 Michael W Halsall 27 443,763 77,230 566,086 1,087,079 Langleys 27 2,387,440 401,664 1,353,249 4,142,353 Stewarts Law 27 23,985,039 1,939,459 12,710,394 38,634,892 Express 26 5,855,096 268,917 2,195,141 8,319,154 Heptonstalls 26 3,492,333 472,762 2,231,335 6,196,431 Thompson Smith & Puxon 26 3,102,003 275,967 1,071,038 4,449,009 Lamb Brooks 26 587,780 132,389 473,306 1,193,475 Armstrong Foulkes 25 1,589,060 328,010 1,154,710 3,071,781 Page 2 of 10 Freedom of Information Request# 3727 Data correct as at: 2019-03-31 Q1: For the last two financial year available please provide a full list of all the claimant firms to have received money from the NHSLA in relation to claimant costs for the clinical negligence scheme (CNST)? Table 1: Number and Cost of Claims Closed/Settled between financial years 2016/17 and 2017/18 Closed_Settled Y Clinical_NonClinical Clinical Scheme CNST Claim_Outcome_FOI (Multiple Items) Year of Closure (Settlement Year for PPOs) Defence Claimant --- Claimant Solicitor Firm No of Claims Damages Paid Costs Paid Costs Paid Total Paid Graysons 25 537,938 150,623 1,011,464 1,700,025 McMillan Williams 25 12,117,080 674,572 2,802,402 15,594,054 Powell & Co 25 2,868,924 354,695 1,255,210 4,478,829 (blank) 25 2,879,190 344,148 1,080,240 4,303,578 MTA Personal Injury 25 653,098 165,213 762,245 1,580,556 OP Law 24 1,068,366 96,473 787,030 1,951,869 Dental Law Partnership 23 345,432 87,272 270,724 703,428 Higgs & Sons 23 7,520,143 478,758 1,618,572 9,617,473 New Law 23 658,716 108,884 643,587 1,411,188 Foot Anstey 22 1,446,288 302,206 1,888,067 3,636,561 Anthony Collins 22 6,093,106 947,414 2,519,271 9,559,790 Waldrons 22 3,686,144 236,874 995,812 4,918,830 Lanyon Bowdler 22 12,942,090 451,177 2,180,576 15,573,843 Williamsons 22 1,996,013 167,739 794,527 2,958,279 Anthony Gold 21 5,055,808 381,485 1,650,388 7,087,681 Attwaters Jameson Hill 21 3,561,783 303,516 1,747,700 5,612,999 BL Claims 21 8,021,291 301,045 1,318,715 9,641,051 Bolt Burdon Kemp 21 4,278,058 398,727 3,038,859 7,715,645 Morrish 21 2,643,971 193,984 627,974 3,465,929 Sills & Betteridge 21 1,117,132 308,012 925,645 2,350,790 Forster