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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll