Finance Monthly Global Awards 2016 Edition

50 www.finance-monthly.com Finance Monthly Global Awards 2016 UNITED KINGDOM from an economic and compensatory point of view vary from minor, where the situation can be rectified, to extreme where the failures result in life changing consequences for the patient. Sadly, some errors prove fatal. It is important to remember at all times, however, that irrespective of the nature of the case, to our clients they are equally as important. It will never truly matter how heavily regulated the industry is, mistakes will happen and cannot be entirely guarded against. To put it simply, people aren’t infallible. The sad truth is, that if a medical professional intends to purposely cause harm, they will find a way. Fortunately cases in the latter instance prove to be rare. I think that the biggest challenge currently facing prospective Claimants who have suffered harm as a result of a clinical/ medical negligence is their inability to access justice. The threat to cap legal fees and the sharp rise in disbursements, such as claim issue fees and After the Event Insurance Premiums, simply means that active pursuance isn’t an option for many individuals who have genuinely suffered personal injury and other consequential loss. Whatever the breach of duty, the aim of the law is to put the claimant in the position they would have been, if not for the negligence, where possible. Cases can prove costly and, historically, solicitors have been able to take steps to protect clients from having to pay costs. For example in ‘no win no fee’ cases where an insurance policy as described above is taken out in order to cover adverse risk. However, the reforms, which have taken place, mean that the clients are now liable for the cost of such insurance policies, which in some instances can be in excess of £100,000.00. These factors of course protect the industry to some extent from fraudsters, but as law firms we have always had a duty to weed out such individuals through a process of thorough investigation. These on-going changes can only be detrimental to the client, who has been wronged but whose access to justice will be severely impeded Are you expecting any legislative or regulatory developments in relation to commercial litigation, which will affect your practice? It is a requirement within our profession abreast of legislative and regulatory changes at all times. The law is ever evolving, and the implications of it can have an impact upon the health of our clients’ businesses, and indeed our own. Following consideration of the changes both past and forthcoming in the legal landscape the Firm has developed a Concierge Service which promotes Legal “health checks” and Business Growth and Development meetings with our clients so that we can pre-empt and pro-actively tackle any challenges they may face before they become an issue. This also shows our clients that we take an active interest in their business with a view to promoting its success. You have been involved in claims against governments, HMRC, the FCA and international professional practices – can you tell us about a particular case that have challenged your expertise? We have been involved for a number of years in a case which challenged HMRC and, indeed, the Tribunal’s interpretation of EU Law. It’s a matter that in the future could be pursued by way of Judicial Review on a point of public law as this may well be our client’s last avenue for possible redress. The fundamentals of the issue are significant and wide ranging. If EU law is not translated accurately its application cannot be relied upon and yet if Tribunals fail to acknowledge that referral to the European Court of Justice is required, then it is not possible to be certain that the law is being applied equally, accurately and fairly across all Member States. What are the particular regulatory challenges involved in litigation proceedings against governments, given the complex nature of this area of law and the policies that apply to working with governments? It is important to remember that, in any case, whomever the proposed parties, that the law applies to all. We have LITIGATION LAW FIRM OF THE YEAR At the core of the Firm is a will to forever maintain an exceptional level of dedication to our clients “ “