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Applicants intending to take claims in medical negligence

In any case where the applicant is seeking to take a claim in medical negligence, they should be advised the following at the first point of contact (ie. the law centre where the application is originally made) where they indicate that their claim will be on this basis:

  • to visit at least two private solicitors and ask them to take on the case on a conditional fee arrangement basis, such condition being that the solicitor will not seek any fee from the client if they were to fail to obtain either a favourable settlement or judgement for the Plaintiff in the proceedings (ie. no win no fee);
  • if the private solicitor agrees to take on the case on this basis, they should notify the law centre at the earliest opportunity that they are withdrawing their application for legal services;
  • if the private solicitor concerned refuses to take on the case on this basis they should obtain a letter from the solicitor stating that this is the case; and
  • having visited two such private solicitors and obtained two such letters/other evidence, they should retain these letters/other evidence and bring them to the law centre at the time of first consultation.

For the procedure to refer cases to Law Centre (Montague Court), see Chapter 6 of the Administrative Procedures Handbook