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 negligence is one of the most complex areas of law, requiring a large degree of specialist knowledge which is not always reflected in the value of the claim.
“While the government says there is no evidence to support the concerns we share that many smaller, specialist firms will exit the market as a result of these reforms, its decision to increase the costs they will receive is a tacit acknowledgement that this is a real risk.
“Claimant lawyers are not opposed to change; they simply want to be paid fairly and to see vulnerable clients get the justice and compensation they deserve. The government’s priorities seem to be more on how much it can save.”