header-logo header-logo

27 June 2017 / Elizabeth Love
Issue: 7752 / Categories: Features , Costs
printer mail-detail

Clinical negligence sums don’t add up

nlj_7752_love

Elizabeth Love assesses the numbers behind the consultation on fixed costs, and finds them wanting

The Department of Health’s (DH) proposals on fixed costs for clinical negligence claims rely on fundamentally flawed figures and methodologies.

The figures

In its consultation on Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims, which ran from 30 January to 2 May 2017, the DH stated that it was ‘consulting on the methodologies only—not the absolute figures’.

Notwithstanding this statement, however, the DH goes on to directly contradict itself in the impact assessment, which asserts: ‘The level of recoverable costs and method of implementation are included within the consultation [emphasis added].’

This raises a large question mark over what exactly is being intended by the DH in relation to the figures and whether those figures provided in the consultation will, in fact, be the final fixed costs figures.

Methodologies/value

While no criticism is made of Professor Fenn, the figures in the consultation are fundamentally

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll