Fixed Recoverable Costs for Lower Damages Clinical Negligence Claims

Date published:

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. 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.

The main objective is to provide faster resolution, with legal costs that are proportionate to the value of compensation.

Following a consultation launched in September 2023, in relation to disbursements such as expert reports, counsel fees and court fees and other disbursements, the Government published its response on 08 May 2024. More information can be found here.

NHS Resolution is identifying the changes required to manage claims under the new arrangements.