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FOIL Update – Fixed Recoverable Costs in Lower Value Clinical Negligence Claims

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  • FOIL
  • FOIL Ireland
  • FOIL select
  • London FOIL

Certain categories of case would be excluded but while the working group reached broad agreement on these, points of detail remain to be considered further. In general terms, cases deemed to be too complex or too sensitive, would be excluded. In 2018/19 there were 16,809 registered clinical negligence claims and from the limited available data it is estimated that about 60% of those would fall within a FRC regime. Of those claims, it is anticipated that about 75% would settle in the pre-issue phase outlined below.

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