Clinical Negligence Fixed Costs Working Group

A new CJC working group has been set up to consider fixed costs in clinical negligence claims with a value of £25,000 or less.

The working group will be Chaired by Andrew Parker (CJC & DAC Beachcroft). The Vice Chair will be David Marshall (The Law Society & Anthony Gold)

Further membership of the group will be announced in due course.

The Terms of Reference are as follows:

  • To consider and recommend an improved process for clinical negligence claims, where the claim has a value of £25,000 or less;
  • To draw up (i) a structure for FRC for such cases to attach to the new process, (ii) figures for FRC in the proposed structure, and (iii) figures for the cost of expert reports;
  • To have regard to how any improved process or scheme of FRC might affect issues of patient safety, including the way in which case outcomes are reported back to healthcare providers for learning purposes;
  • To consider how expert reports should be commissioned and funded, including the feasibility of single joint experts for at least some claims, as part of the improved process;
  • To report with recommendations by the end of September 2018.

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