Fixed recoverable costs in lower value clinical negligence claims

  • FOIL

The proposed scheme would apply to clinical negligence claims in England and Wales, valued between the upper small claims track limit for non-RTA personal injury claims (currently £1,000) and £25,000. They would be allocated to either a Standard Track or a Light Track, the latter being for cases deemed to be more straightforward. Certain claims are excluded including those requiring
more than two liability experts; those with genuine multiple defendants; claims involving stillbirths or neonatal deaths; and claims where limitation is an issue.


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