Clinical Negligence fixed costs limit to be set at £25k
In a move that will be of great benefit to Claimants, the Government appears to have backed down over proposed plans for introducing fixed costs in clinical negligence claims.
The original plans were for there to be fixed costs on all claims worth up to £250,000. This would have included some of the most serious and complex claims and had the potential to significantly reduce the amount of work and investigation that could be carried out.
The risk to Claimants would be that solicitors would be unable to pursue such claims, leading to a reduction in access to justice for some of the most disadvantaged people in society.
There is nothing wrong in principle with fixed costs, provided that they allow for a full investigation of the facts. It is hoped that in only applying fixed costs to those claims that are worth less than £25k, access to justice will remain available to all.