No Fault Compensation Review Group

1. No Fault Compensation Review Group Research Support Date: 10/11/2009

2. Research Support Team Leader: Professor Frank Stephen • Economist by training; Head of School of Law, University of Manchester • Overall project management incl. time scales, quality assurance, risk management • Economic and financial analysis of no fault schemes • Contribute to development of research instruments, analysis of data, lead author of interim & final reports • Research expertise; funded research projects

3. Research Support Team Dr Anne-Maree Farrell • Lead Author: Literature Review report; co-author – interim and final reports • Research expertise in regulation and public policy-making (health, comparative); teach and research in medical law in CSEP, Law, University of Manchester • Lawyer in private practice (+ 10 years) • Specialisation: medical negligence, product liability and group actions (eg HIV & HCV-contaminated blood, breast implants, sexual abuse involving Catholic clergy etc., ) • Representation of NZ claimants (HIV-infected haemophiliacs; product liability group action)

4. Research Support Team Dr Angela Melville • Manager of empirical research • Responsible for development of research instruments, obtaining relevant ethics approvals; stakeholder and claimant interviews; analysis of data • Sociologist/anthropologist by training • Research expertise: socio-legal methods; empirical research in personal injury; family law; legal services in Australia and England

5. Research Support Team Ms Sarah Devaney • Co-author: literature review report; co-author of interim and final reports • Lawyer by training • Teach and research in medical in law in CSEP, School of Law, University of Manchester • Spent a number of years in practice as claimant clinical negligence lawyer in leading English law firm

6. Research Support Team Research Assistants • Ms Amber Dar: RA for literature report • Ms Tammy Krause: RA for claimant interviews/surveys Consultant: Professor Margaret Brazier • Leading medical law academic • Director, CSEP, Law University of Manchester • Consulting on comparative literature survey report

7. Funded Projects • Nuffield Foundation-funded grant examining the dynamics of clinical negligence claiming: pilot study in English law firm (current) • Professor Stephen: responsible for a number of funded projects examining aspects of the Scottish legal system: complaints, legal services, legal aid funding; Faculty of Advocates • Dr Melville: responsible for large-scale study examining road traffic accident claiming; costs; claims profile and handling (NSW); provision of legal services in family law (England & NSW).

8. Literature Review • Review literature on existing no fault schemes, in particular: • Rehabilitation • Loss of earnings • Support for dependants • Use of periodic payments • Advantages and disadvantages of outcomes of existing no fault schemes (in particular NZ) • Principles underpinning no fault schemes: legal and social • Cost of existing no fault schemes

9. Literature Review • Provide up-to-date analysis of existing no fault schemes in other countries • Cover published and grey literature over last 10 years at least • Implications of introducing no fault scheme in Scotland • Value of review group papers • Expectations of working group (eg layout; word count; specific focus in particular areas; deadline; focus in particular on NZ scheme? • People to contact

10. Empirical Research • Preferred approach: • Use of focus groups • Claimants: survey/interviews • Stakeholder interviews • Need to research ethics approval • University • Involvement of NHS – so need for NRES, MRAD ethical clearance