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MEMORANDUM OF UNDERSTANDING AvMA and SCIL

MEMORANDUM OF UNDERSTANDING AvMA and SCIL

We are pleased to announce our commitment to joint working with our counterparts at AvMA. Below you will see the details of our understand and hope over the coming months to show you the developments we have been working on together.

 

MEMORANDUM OF UNDERSTANDING AvMA and SCIL

1. STATUS AND AIMS OF THE DOCUMENT

(a) The purpose of this memorandum is for  Action Against Medical Accidents (AvMA) and the Society of Clinical Injury Lawyers (SCIL) (jointly referred to as the parties) to set out areas of cooperation and common concern and areas of mutuality so that they can work together where appropriate whilst  preserving their respective independence and to avoid competing with each other. 

(b) This memorandum does not have the force of a legally binding contract, but is entered into in good faith and is endorsed by each party’s governing body. Should either party wish to depart from the principles of this memorandum and/or to bring it to an end, it shall first discuss the possibility of this as early as possible and will give the other 3 months’ notice in writing of the intention to do so.

2. RESPECTIVE ROLES OF AvMA AND SCIL

The parties are separate and established entities but recognise that in some areas of their work they have complementary roles.

AvMA  has a focus on patient safety, the patient/claimant experience and ensuring access to justice. It provides specialist advice to people who have experienced avoidable harm and it seeks to influence public policy to the betterment of those interests. Secondary to those roles, AVMA has close ties to medical experts and clinical negligence solicitors.  It provides accreditation to individual lawyers and provides services to firms of solicitors, including medical and legal education, recommendation of medical experts and signposts members of the public to accredited solicitors on its panel.

SCIL is a body that represents firms of solicitors who are accredited as having expertise in handling clinical negligence claims.  It promotes best practice in clinical negligence and business management and patient safety related to claims and seeks to influence public policy to the benefit of firms and patients including ensuring access to justice.

 3. AREAS THAT AvMA AND SCIL WILL WORK TOGETHER ON

AvMA and SCIL have common interests and greatly value each others’ unique roles. We will, wherever possible, respect and recognize each others’ unique contribution and work together on matters including, but not limited to access to justice; patient safety; best practice in clinical negligence litigation; and public policy.

4. AREAS THAT SCIL AND AvMA WILL AVOID

AvMA will not become a body representing the interests of solicitors and will not seek to advise on the running of clinical negligence businesses.

Outside of members’ meetings and its annual Conference/exhibition day, SCIL will not compete with AvMA in providing training, accreditation of solicitors or experts, forming a database of experts, or marketing as a ‘find a solicitor’ service.

 5. HOW AvMA AND SCIL WILL WORK TOGETHER:

(a) There should be regular, at least quarterly, high level meetings most likely to be attended by the Chief Executive and Legal Director of AvMA, and the Chair and Vice-Chair of SCIL, to discuss areas on which each organisation is working, including where and how we could work together on specific projects

(b) The parties will liaise around planning of events to avoid clashes of dates, topics or speakers.

(c)  Any press release or document in which one party quotes or attributes the support of the other party must be seen and approved by the second party before it is released.

(d)  In broad terms, AvMA will take the lead on providing the patient/family voice and matters of patient safety and SCIL will take the lead on matters of business interests, with an equal footing on matters that relate to access to justice, including for example fixed recoverable costs (FRC).

 Signed for and on behalf of AvMA,         Signed for and on behalf of SCIL

Peter Walsh, Chief Executive                  Paul Rumley, Chairman 

 

5th August 2020

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