change imposed law by section 44 and section 46 of the Legal Aid Act 2012
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Since April 2013, for all defendants in person DIP (medical professional who does not wish to use them practice insurance for example) who are defending a case would mean losing automatically all incurred costs even if she/he are successful and no matter the outcome of the case. This is wrong and unfair…
Effectively From 1 April 2013, where parties fund their litigation via conditional fee agreements (CFAs) and/or after-the-event (ATE) insurance, the CFA success fee and ATE premium are no longer recoverable from the losing opponent if the case is successful. Meaning that as a doctor you lose even if you do win, how is that fair?
The government is arguing that this does save unnecessary legal costs and stress for the medical professionals even if the facts are solid and against the medical negligence claim. Solicitors love this new situation and do call all these medical professionals “the no-negligent losers”
Strangely enough, the government has decided to end the recoverability of success fees and of insurance premiums taken out to pay for costs, which have to be incurred in running the defence by the medical professional in order to force everyone to settle regardless of the chance of success...why?
This law if very unfair and very unfriendly to the medical professionals who do wish to defendant themselves in person risking losing all them savings even if they would win the case. The situation is even worse if they would involve them malpractice insurance. This because the insurance are now forced to settled this as quickly as possible to reduce the costs and this would lead consequently to an increase in them premium the year after.
It a must that all medical Professionals should get unified and stand together strong against this law and request, which has got only one purpose: MAKING CLAIMANTS SOLICITORS RICHER
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