header-logo header-logo

18 August 2015 / Jon Lord
Categories: Features , Procedure & practice , Costs , Budgeting
printer mail-detail

What a pain

Jon Lord assesses the government’s latest attempt to address costs in clinical negligence claims

Costs in clinical negligence claims continue to be as much of a drain on the minds of politicians as they are on the NHS budget. The recent proposal to fix costs in claims valued up to £100,000 is the latest example in a long line of attempts to close the gaping hole in the bottom of the public purse. Is it merely another sticking plaster or a lasting cure to the public expenditure problem?

Legal reform

Costs have been a major driver in legal reform for at least the last 20 years. The Woolf reforms, instigated by the Lord Mackay, Lord Chancellor in 1994, and the shift from legal aid to conditional fee agreements were driven by the need to reduce litigation costs and the government’s budget. Legal aid remained for some clinical negligence claims but has gradually been eroded.

Those reforms backfired in the clinical negligence arena, where

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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
back-to-top-scroll