Although Legal Aid was withdrawn some years ago for ordinary personal injury claims, such as those involving road traffic accidents, trips and slips, accidents at work and the like, Legal Aid is still available to Claimants in clinical negligence claims.

Furthermore in relation to Legal Aid when pursuing any claim on behalf of a minor (i.e. someone under 18 years of age):

• the usual limitation period [of 3 years] is extended so as to commence from the date such person attains majority age ie expires on that person’s 21st birthday (although in the case of someone with a mental incapacity ie with brain damage there is no limitation period)
  
  
• financial eligibility is governed by their own ie the child’s (as opposed to the child’s parents) financial circumstances.

The net effect of the above is that in those claims involving children, Legal Aid is likely to be available.  This along with the extension of the ordinary limitation period is often unknown to many claimants and their families.

Legal Aid is still available for victims of clinical negligence subject to satisfying the necessary legal and financial criteria.  Furthermore only those firms who have a Legal Aid Clinical Negligence franchise are authorised by the Legal Services Commission to undertake such work. 

The number of such firms is few and far between.  As well as needing to demonstrate that they have the necessary case management and internal procedures in force (they are subject to routine monitoring and appraisal) it is also necessary for at least one person within such a firm to be an accredited member either of the Law Society Medical Negligence Panel or an AvMA Referral Panel.  Simon Minton is a member of both.

The criteria for membership of these Panels is highly selective and requires each person to demonstrate the requisite level of experience and expertise in this complex area of the law.