Long awaited move towards fixed costs in clinical negligence claims suggests new ways of reducing costs in other types of lower value claims

It is right for insurers to look for likely impacts on costs issues affecting the handling of lower value injury and non-injury claims from the publication yesterday by the Department of Health of their consultation 'Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims'. We can see from the consultation how the thinking of one government department in the form of the DoH can influence another, the MoJ, even though the Justice Ministry is not formally involved in the latest DoH consultation.

And in what is presumably pure co-incidence, the DoH released their paper on the very day that Lord Justice Jackson's consultation on the proposed extension of FRCs closed, on which he is expected to report by the end of July.

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

Simon Denyer


I am the Strategic Legal Development Partner within the Insurance team.