header-logo header-logo

30 January 2020 / David Locke
Issue: 7872 / Categories: Features , Personal injury , Costs
printer mail-detail

Costs, experts, myths & legends: a sequel

The argument about legal costs in clinical negligence & personal injury litigation shows no sign of abating, says David Locke

  • Going round in circles: legal costs arguments.
  • Back to the future: retreating to the days of the Review of Civil Litigation Costs.
  • The role of experts: an adversarial approach.
  • Potential solutions: early disclosure of evidence and joint experts?

The argument about legal costs in clinical negligence (and personal injury) litigation cycles back around in ever decreasing circles, depressingly without any real nuance in the arguments at each repetition. Although it has been sadly overlooked in recent days, things are changing. However, in the face of lurid headlines and eye-watering figures, there is an apparently irresistible urge to retreat to the trenches that were dug during the Review of Civil Litigation Costs, and indeed even before that.

Slay the tropes

In response to concerns about claimant solicitor fees, the most often repeated trope (heard many times recently) is that medical defence organisations,

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll