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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll