On 15 September 2023, the Government announced that it will introduce fixed recoverable costs (FRC) and a new streamlined process for clinical negligence claims with a damages value of £1,501 to £25,000 in England and Wales. It is proposed these changes be implemented for claims notified from April 2024.
This follows a consultation on Fixed Recoverable Costs for Lower Value Clinical Negligence Claims published by the Department of Health and Social Care (DHSC) on 31 January 2022. DHSC has published its response to the consultation.
The main objective is to provide faster resolution, with legal costs that are proportionate to the value of compensation. More information can be found here.
The position in relation to disbursements such as expert reports, counsel fees and court fees and other disbursements is not finalised in the Government Response. A short 6-week consultation, seeking views on this point, was published on 15 September 2023 and can be found here.
NHS Resolution is identifying the changes required to manage claims under the new arrangements.