New: No Fault NHS Compensation System
As part of the Times Health Commission Report, a no-fault compensation scheme has been recommended to allegedly reduce the NHS’ bills. Kate Smith, Associate in our Personal Injury & Clinical Negligence Team explains...
As part of the Times Health Commission Report, which was commissioned in January 2023, a no-fault compensation scheme has been recommended to allegedly reduce the NHS’ bills.
The intention of the scheme is to avoid claimants and their families having to prove negligence to access compensation, which in theory sounds positive. However, the scheme also provides for compensation payments being standardised and based on need – a ‘one shoe fits all’ type policy – and could open the floodgates to an abundance of claims where the NHS have not been negligent, ultimately causing compensation to be spread more thinly between claimants and the NHS’ available funds being reduced.
It seems that if the scheme were to be implemented, those claimants most in need and who have been victim to negligence, would not be properly compensated for their injury/condition, for example, the family of a child who has suffered a brain injury at birth and will require lifelong care, treatment and adaptions, which could amount to millions of pounds.
Whilst the scheme would enable those who have been denied compensation to benefit and avoid the need to prove the NHS was at fault, claimants who have been left severely disabled may not be properly compensated for their injuries and future care costs.
It is also difficult to imagine how the plan would reduce the NHS bill, when, in fact, claims are likely to increase, and the only mitigating factor would be to reduce the level of compensation payable to claimants, creating inequity for those most in need.
Hopefully, this is just a fleeting idea, and some of the other recommendations including a National Care System, and a guarantee to provide access to all children and young people requiring mental health support will be prioritised by the Government.
Leathes Prior will continue to monitor the recommendation and keep you updated.
If you think you have a potential claim you'd like to discuss with our Personal Injury & Clinical Negligence specialists, please do get in touch with the team via info@leathesprior.co.uk or call 01603 610911.
Charity of the Month: Sue Lambert Trust
Leathes Prior is delighted to be supporting the Sue Lambert Trust as our Charity of the Month for February 2026. Sue Lambert Trust is a leading charity in Norfolk offering free therapeutic counselling and support services to survivors of sexual violence and abuse.
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The Value of Planning Ahead: LPAs & Court of Protection
Putting LPAs in place allows you to choose trusted people to make decisions for you if you lose capacity in the future. This avoids the need for loved ones to make a costly and time-consuming deputyship application to the Court of Protection. With more people likely to experience conditions affecting capacity, more families may need to turn to the Court for support where no LPAs are in place.
Charity of the Month: Sue Lambert Trust
Leathes Prior is delighted to be supporting the Sue Lambert Trust as our Charity of the Month for February 2026. Sue Lambert Trust is a leading charity in Norfolk offering free therapeutic counselling and support services to survivors of sexual violence and abuse.
Supreme Court ruling set to impact NHS - Children injured by NHS can claim damages for lifetime lost earnings
In February 2026, the Supreme Court passed a ruling which is set to significantly increase the amount of damages the NHS may have to pay for claims brought in respect of children injured at birth, as a result of medical negligence.
The Value of Planning Ahead: LPAs & Court of Protection
Putting LPAs in place allows you to choose trusted people to make decisions for you if you lose capacity in the future. This avoids the need for loved ones to make a costly and time-consuming deputyship application to the Court of Protection. With more people likely to experience conditions affecting capacity, more families may need to turn to the Court for support where no LPAs are in place.
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Autumn Budget 2025: Agricultural Property Relief & Business Property Relief Changes
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The Employment Rights Act 2025 is expected to come into force tomorrow (18 December 2025)
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Leathes Prior is delighted to be supporting The Matthew Project as our Charity of the Month for December 2025. The Matthew Project supports young people and adults across Norfolk, Suffolk, and Essex to overcome issues around drugs, alcohol, and mental health, empowering them to rebuild confidence and lead fulfilling lives.
Leathes Prior’s Milan Pandit appointed President of the Norfolk & Norwich Law Society
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Our Guidance, Your Legacy: What is a Will, and why should I make one?
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