The NHS Litigation Authority has recently published a consultation document setting out potential approaches to future contributions for Members, inviting responses from Member Trusts and other interested parties by noon on 17 May 2016. This can be found at

The NHSLA's Clinical Negligence Scheme for Trusts (CNST) is a not-for-profit membership scheme that aims to spread and smooth the financial costs of clinical negligence liabilities over time.  It operates on a pay-as-you-go basis which means that, unlike commercial insurance, NHS funds are not used to pay up front for claims that will be settled in the future.

The consultation asks for input on a wide range of questions, including issues such as:

  1. The way in which contributions should be set.
  2. The extent to which there should be voluntary excesses.
  3. The extent to which there should be incentives to fund safety initiatives.
  4. Should very high value claims be treated differently as regards notification of incident and/or for pricing purposes?

It is important that CNST members take time to respond to this consultation. Clyde & Co is holding a discussion forum for Trusts on 19 April, when this will be discussed. For further information, please click here.