Fixed recoverable costs for clinical negligence claims
Seeks views on proposal for a mandatory system of fixed recoverable costs for lower value clinical negligence claims in England and Wales.
Detail
Updated 25 July 2017
Following the formation of a new government on 9 June 2017, decisions on the development of this policy have not yet been finalised. We will publish the results in due course.
The proposed fixed recoverable costs scheme aims to improve the efficiency and cost-effectiveness of clinical negligence claims by supporting:
- quicker and more cost effective resolution for all parties
- greater opportunities for early learning of lessons from harmful incidents to inform safer clinical practice
- access to justice for those claimants bringing clinical negligence claims of a low monetary value, but complex nature
- patients’ access to justice by streamlining the system and incentivising earlier resolution of such claims
Documents
Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims: consultation documentapplication/pdfAnnex C: Evaluating the proposed fixed costs for clinical negligence claims: an independent reviewapplication/pdfAnnex D: Illustrative Pre-Action Protocol and Civil Procedure Rulesapplication/pdfAnnex E: Data Packapplication/pdfAnnex F: Fixed Recoverable Costs (FRC) for the Resolution of Clinical Disputes Protocol: Impact assessment application/pdfSummary of responses to consultation on introducing fixed recoverable costs in lower value clinical negligence claimsapplication/pdfFixed costs for clinical negligence claims: a cost analysis approachapplication/pdf