GovWire

This response sets out the way forward for implementing a fixed recoverable costs scheme for lower damages clinical negligence claims. The aim is to facilitate faster resolution for claimants and defendants at a lower, more proportionate cost than under the current system.

The response sets out further detail on the fixed costs, the new pre-action process for these claims and the safeguards we have in place to protect claimants access to justice. Changes to the original proposals, informed by the consultation, include:

• increased fixed costs at all stages of the process

• increased bolt-on amounts for claims involving protected parties and children

• giving defendants responsibility for neutral evaluation costs

• excluding certain claims from the scheme on grounds of complexity