Supplementary written evidence submitted by the Society of Clinical Injury Lawyers (NLR0076)



Government Fixed Recoverable Costs Consultation

For Clinical Negligence Cases Wrong Viewpoint: Flawed Approach



The Government has now published their long-awaited consultation upon whether or not to introduce fixed costs in lower value clinical negligence claims.


What this would mean, is that the amount of costs an injured patient could recover in a successful clinical negligence claim would be limited in amount, in all cases worth less than



Without going into the detail of the consultation itself, SCIL will respond in detail to the specific questions as posed as per the Government process, it is clear that the consultation itself is wrongly based and flawed as follows:


















In summary therefore, whilst everyone supports a streamlined process for lower value clinical negligence claims, the lack of detail behind the apparent development of these proposals since the publication of the Civil Justice Council report in October 2019, and the large holes in the logic underpinning them, including a short-sighted focus upon a relatively small amount of cost savings versus the NHS structural reform which is actually needed to drive patient safety across the whole of the NHS, means that the consultation itself is fatally flawed.


March 2022