GOVERNMENT U-TURN ON FIXED LEGAL COSTS ON CLINICAL NEGLIGENCE CLAIMS EXPECTED SHORTLY

Following reports that the government would be delaying the publication of its plans to introduce fixed legal costs for clinical negligence claims, it is now understood the Department of Health is shortly to launch a consultation.

The consultation is expected to include proposals for fixed recoverable costs in clinical negligence cases for claims worth up to £25,000. This level would capture in the region of 60% of clinical negligence claims but is at a significantly lower limit than the £100,000 to £250,000 originally proposed by the Department in August 2015.

While the timing of the consultation has not been confirmed, it is expected that once completed the proposal will be implemented quickly.

While lawyers and legal groups have welcomed the possible changes, many are continuing to call for a proper and effective consultation to ensure any scheme would be workable.

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