Six years ago, there were approximately 90 firms defending the NHS against patient claims of clinical negligence. Since the National Health Service Litigation Authority (NHSLA) was created in 1998, this figure has been slashed to just 14, as the authority centralised control of the previously fragmented claims management system. Uniquely in the litigation world, firms sitting on the NHSLA panel have only one choice of client – and if the constant screwing down on costs makes partner profits suffer, they have to like it or lump it.
Panel reviews always make waves, whatever the sector. Some of London’s biggest firms have been rattled recently by the way the drawn out Royal Bank of Scotland panel review was conducted. The selection process left some of the contenders for the general panel losing interest in being one of the chosen few – some effectively withdrew their candidacy even before the race was over by refusing to drop fees to the level demanded by the client.
