The free guide to costs, funding and the Jackson reforms
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Government agrees to further discussion of clinical negligence costs regime, amid concerns
Four out of five respondents to the government’s consultation on fixed recoverable costs in low-value clinical negligence cases have echoed Civil Justice Council concerns about a single joint expert being used, it has emerged.
“ADR is failing” says Civil Justice Council but compulsion is not yet the answer
The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council said today, but it stopped short of calling for the introduction of compulsory ADR. However, a minority of members on the expert working group behind the report did back compulsion.
Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns
Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council has warned. The CJC said it was particularly concerned that the new regime for experts “may indeed prove to be a barrier to access to justice”.
APIL pushes for “predictable claim process” for fixed cost clinical negligence cases
The Association of Personal Injury has called for a “predictable claim process” for clinical negligence actions if the government goes ahead with its plan to impose fixed costs for cases worth up to £25,000. However, a survey has shown strong public support for fixed fees and for lawyers not receiving more in fees that patients did in compensation.
High Court abandons cost budgeting for clinical negligence claims to clear backlog
Costs budgeting will not be applied to High Court clinical negligence cases listed for costs hearings between October 2015 and January 2016 in an attempt to clear the backlog, it has emerged.
Burcher Jennings launches “first of its kind” funding package for firms
Cost and pricing consultancy Burcher Jennings has launched a new funding package for law firms, which it believes is “the first of its kind in the UK legal industry”. Firms are reported to be keen to use the funding to finance increased court fees.
Denton and Mitchell have “profound importance” for default judgments
The rulings in Denton and Mitchell on relief from sanctions have “profound importance” when applications to set aside default judgments are considered, a High Court judge has ruled.
NHS Litigation Authority launches mediation pilot
The NHS Litigation Authority has teamed up with the Centre for Effective Dispute Resolution (CEDR) to launch a pilot mediation service for claims against the health service.
NHSLA hits out at claimant lawyers over rising claims and costs
The NHS Litigation Authority has blamed the pre-Jackson surge and personal injury law firms entering the clinical negligence market for a record number of claims brought against the health service.
Are you a Dorothy?
Within the context of the tornado of legal reform, the impact of the funding changes within clinical negligence, together with the impact of LASPO on the personal injury sector, has the potential to be both dramatic and sobering. Zebra’s instructions have seen a tangible increase in both established firms (looking for additional funding) and also new entrant firms requiring guidance on department set-up.
