header-logo header-logo

27 April 2022
Issue: 7976 / Categories: Legal News , Personal injury
printer mail-detail

Abandon clinical negligence costs reforms, government told

Proposed clinical negligence costs reforms are ‘unfair’ to injured patients and families of patients who have died, and would act as a barrier to access to justice, personal injury lawyers have warned

The Department of Health and Social Care (DHSC) consultation, Fixed recoverable costs in lower value clinical negligence claims, closed this week. It proposed a streamlined process for claims valued up to £25,000, with limits at each stage on the amount of legal costs that successful claimants can recover.

Responding, the Association of Costs Lawyers (ACL) said the proposed pre-action track should go ahead as this would achieve the objective of reducing costs, but the plans for fixed recoverable should be dropped.

ACL Council member Kris Kilsby said: ‘Fixed recoverable costs are a very blunt instrument that may work in areas where the course of claims is relatively predictable―such as road traffic accidents―but not in a much more complex area like clinical negligence.’

If the government did decide to go ahead, however, the ACL questioned the level of costs and noted the consultation failed to provide ‘any form of reasoning’. It urged a ‘full and proper costs analysis’ before the final fixed recoverable costs were decided.

Qamar Anwar, managing director of independent legal marketing collective First4Lawyers, urged the government to ditch the whole plan, warning ‘low value does not mean simple’.

Moreover, the proposals could backfire, with litigants in person trying to being unmeritorious claims, costing the NHS more in legal spend. He said the government’s plans to introduce mandatory neutral evaluation, with specialist barristers evaluating claims at the outset, could lead to longer delays for consumers.

Suzanne Trask, Association of Personal Injury Lawyers (Apil) executive committee member, said: ‘Subjecting vulnerable injured patients, who lack the capacity to bring their own claims, to this pared down process is unfair and inconsistent.’
Issue: 7976 / Categories: Legal News , Personal injury
printer mail-details

MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll