A Practical Guide to Fixed Costs in Clinical Negligence Cases

In the ever-evolving landscape of clinical negligence law, practitioners find themselves navigating a complex terrain marked by regulatory changes and legal reforms. The introduction of fixed recoverable costs has brought about a paradigm shift, presenting both challenges and opportunities for those dedicated to upholding the rights of victims and ensuring justice is served.

This handbook is a response to the pressing need for practical guidance in the face of these changes. As seasoned practitioners in clinical negligence law, we recognise the profound impact of fixed recoverable costs on legal strategies, case management, and the overall pursuit of justice. In this dynamic environment, staying abreast of the latest developments and adapting to new realities is paramount.

Our aim in crafting this handbook is to provide a comprehensive resource that equips practitioners with the tools they need to navigate the intricacies of clinical negligence cases under the constraints of fixed recoverable costs. We delve into the nuances of the legal landscape, offering insights, strategies, and practical advice to help practitioners overcome challenges and excel in their endeavours.

As the legal community adjusts to these reforms, it is our hope that this handbook will serve as a valuable companion, empowering practitioners to navigate the complexities of clinical negligence cases with confidence and competence.

ABOUT THE AUTHORS

Geoffrey Simpson-Scott is a solicitor and partner at Hodge Jones & Allen. With a distinguished career that includes tenure at the Royal Court of Justice, Geoffrey specialises in clinical negligence offering invaluable expertise honed through over two decades of dedicated practice.

Geoffrey is also author of a book called ‘A Practical Guide to Clinical Negligence’ making him an expert in his field.

Ramune Mickeviciute is a solicitor at Hugh James. She has built her career at national law firms in London and qualified as a solicitor in July 2021. Clinical negligence has always been her main passion. She shares her considerable experience built over the past eight years in this area of law.

CONTENTS

Chapter One – New Rules: What Is Changing?
Chapter Two – Cases of £25k to £100k Value
Chapter Three – Cases of £25,000 or Less Value
Chapter Four – Cases of Over £100,000 Value
Chapter Five – Lessons From PI FRC
Chapter Six – Case Value: How Much Will the Case Be Worth?
Chapter Seven – Case Funding: Are There Any Risks?
Chapter Eight – Expert Evidence & Its Importance for Each Track
Chapter Nine – Streamlining: Use of Process Mapping and AI
Chapter Ten – Strategies and General Approach to FRC
Chapter Eleven – Negotiations and Settlements