The UK government has announced it will impose fixed costs on clinical negligence claims valued up to £25,000 starting from April 2024.
The move, despite opposition from claimant firms and representative groups during a consultation last year, aims to address the increasing annual expenditure on clinical negligence claims. Legal costs represent a significant portion of this expenditure.
The Department of Health & Social Care clarified that the policy’s primary objective is to expedite claims resolution while ensuring proportionate costs.
Under the new rules, clinical negligence claims up to £25,000 will be subject to fixed costs, except in specific cases such as neonatal deaths, stillbirths, claims requiring more than two medical experts, cases involving protected parties or children, and those with litigants in person.
The court will have the authority to impose sanctions when the protocol is not adhered to. If a claim initially exceeds £25,000 but eventually settles for less, fixed costs will apply, regardless of pre-action protocol compliance.
While the government acknowledges opposition to these changes, it seemingly remains steadfast in its commitment to streamlining the clinical negligence claims process and controlling costs in this crucial area of legal practice.
Nevertheless, opposition remains. Qamar Anwar, managing director of First4Lawyers, said: “Clinical