Defence and claimant legal costs as a percentage of damages by settlement year for all claims including those that settled for nil damages

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1 22% Defence and claimant legal costs as a percentage of damages by settlement year for all claims including those that settled for nil damages Clinical Negligence claims, Graph A1 2 18% 16% Percentage of damages 14% 12% 1 8% 6% 4% 2% Defence legal costs as % of damages Claimant legal costs as % of damages 2001/ / / / / / / /09 (9 months) Financial year of settlement Page 1 of 16

2 Clinical Negligence claims, Graph A2 140 Absolute value of defence legal costs and claimant legal costs by financial year of settlement Defence legal costs have been split into those paid out on claims successful for the claimant and the defendant The experience for the first 9 months of 2008/09 financial year has been grossed up to reflect the estimated full year position Claimant legal costs Defence legal costs 120 Defence legal costs - claimant successful Defence legal costs - defendant successful 100 Absolute value ( m) / / / / / / / /09 (9 months) Financial year of settlement Page 2 of 16

3 Clinical Negligence claims, Graph A Absolute value of damages, defence legal costs and claimant legal costs by financial year of settlement The experience for the first 9 months of 2008/09 financial year has been grossed up to reflect the estimated full year position Defence legal costs Claimant legal costs Damages Absolute value ( m) / / / / / / / /09 (9 months) Financial year of settlement Page 3 of 16

4 Clinical Negligence claims, Graph A4 65% Defence and claimant legal costs as a percentage of damages by financial year of settlement for claims where damages were paid and the total revalued claim was less than 1m The total revalued claim is the original value of damages and legal costs inflated from the point of settlement to 31st December 2008 to allow for claims inflation 6 55% 5 45% Percentage of damages 4 35% 3 25% 2 15% 1 5% Defence legal costs as % of damages Claimant legal costs as % of damages 2001/ / / / / / / /09 (9 months) Financial year of settlement Page 4 of 16

5 Clinical Negligence claims, Graph A5 1 Defence and claimant legal costs as a percentage of damages by financial year of settlement for claims where the total revalued claim was more than 1m The total revalued claim is the original value of damages and legal costs inflated from the point of settlement to 31st December 2008 to allow for claims inflation 9% 8% 7% Percentage of damages 6% 5% 4% 3% 2% 1% Defence legal costs as % of damages Claimant legal costs as % of damages 2001/ / / / / / / /09 (9 months) Financial year of settlement Page 5 of 16

6 Clinical Negligence claims, Graph A6 65% 6 Total defence legal costs as a percentage of total damages by funding type and split into bands by the size of damages Only claims settled after 1st April 2005 are included BTE Insurance Conditional Fee Arrangement Legal Services Commission Defence legal costs as a percentage of damages 55% 5 45% 4 35% 3 25% 2 15% 1 5% 50,000 to 100, ,000 to 200, ,000 to 500, ,000 to 1,000,000 1,000,000 to 2,000,000 Size of damages Page 6 of 16

7 Clinical Negligence claims, Graph A7 65% 6 Total claimant legal costs as a percentage of total damages by funding type and split into bands by the size of damages Only claims settled after 1st April 2005 are included BTE Insurance Conditional Fee Arrangement Legal Services Commission Claimant legal costs as a percentage of damages 55% 5 45% 4 35% 3 25% 2 15% 1 5% 50,000 to 100, ,000 to 200, ,000 to 500, ,000 to 1,000,000 1,000,000 to 2,000,000 Size of damages Page 7 of 16

8 Clinical Negligence claims, Graph A8 65% Total legal costs as a percentage of total damages for Before The Event funded cases split into bands by the size of damages Only claims settled after 1st April 2005 are included 6 Legal costs as a percentage of damages 55% 5 45% 4 35% 3 25% 2 15% 1 5% Claimant legal costs Defendant legal costs 50,000 to 100, ,000 to 200, ,000 to 500, ,000 to 1,000,000 1,000,000 to 2,000,000 Size of damages Page 8 of 16

9 Clinical Negligence claims, Graph A9 65% Total legal costs as a percentage of total damages for Legal Service Commission funded cases split into bands by the size of damages Only claims settled after 1st April 2005 are included 6 Legal costs as a percentage of damages 55% 5 45% 4 35% 3 25% 2 15% 1 5% Claimant legal costs Defendant legal costs 50,000 to 100, ,000 to 200, ,000 to 500, ,000 to 1,000,000 1,000,000 to 2,000,000 Size of damages Page 9 of 16

10 Clinical Negligence claims, Graph A10 65% Total legal costs as a percentage of total damages for Conditional Fee Arrangement funded cases split into bands by the size of damages Only claims settled after 1st April 2005 are included 6 Legal costs as a percentage of damages 55% 5 45% 4 35% 3 25% 2 15% 1 5% Claimant legal costs Defendant legal costs 50,000 to 100, ,000 to 200, ,000 to 500, ,000 to 1,000,000 1,000,000 to 2,000,000 Size of damages Page 10 of 16

11 Clinical Negligence claims, Graph A11 80 Total legal costs as a percentage of damages for all claims settled since 1st April 2005 where damages were greater than 25,000 Each point represents an individual claim 70 Total legal costs as a percentage of damages Value of damages ( 000s) Page 11 of 16

12 Clinical Negligence claims, Graph A12 80 Total legal costs as a percentage of damages for all claims settled since 1st April 2005 where damages were greater than 25,000 and the claims was funded by Before the Event Insurance 70 Total legal costs as a percentage of damages Value of damages ( 000s) Page 12 of 16

13 Clinical Negligence claims, Graph A13 80 Total legal costs as a percentage of damages for all claims settled since 1st April 2005 where damages were greater than 25,000 and the claims was funded by the Legal Services Commision 70 Total legal costs as a percentage of damages Value of damages ( 000s) Page 13 of 16

14 Clinical Negligence claims, Graph A14 80 Total legal costs as a percentage of damages for all claims settled since 1st April 2005 where damages were greater than 25,000 and the claims was funded by a Conditional Fee Arrangement 70 Total legal costs as a percentage of damages Value of damages ( 000s) Page 14 of 16

15 Clinical Negligence claims, Graph A15 80 Total legal costs as a percentage of damages for all claims settled since 1st April 2005 where damages were greater than 25,000 and the claims was self funded 70 Total legal costs as a percentage of damages Value of damages ( 000s) Page 15 of 16

16 Clinical Negligence claims, Graph A16 10 Success rate of closed claims by funding type A successful claim has been defined as one where the damages paid are greater than 0 Only claims settled after 1st April 2005 are included 9 Percentage of sucessful claims by number BTE Insurance Conditional Fee Arrangement Self Funded Legal Services Commission Funding Type Page 16 of 16

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