Government ready to slash clin neg fixed costs limit to £25k

The Department of Health is planning to limit fixed costs in clinical negligence claims to £25,000, it has emerged.

Minutes from the 8 July meeting of the Civil Procedure Rules Committee state there has been a ‘change of policy’ at the department and ministers intend to consult on claims up to the revised figure.

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It had been expected fixed recoverable costs could be applied to claims worth as much as £250,000 - a figure opposed by many within the legal profession.

Amanda Stevens, chair of the Civil Procedure Rule sub-committee (CPRC) tasked with drafting court rules for fixed recoverable costs in clinical negligence cases, said the new threshold would take in up to 60% of cases.

Stevens said the material worked up by the subcommittee on a draft protocol and illustrative rules would be amended accordingly, although the date of the consultation on fixed costs is still unknown.

That consultation was first proposed more than a year ago when stakeholders were first canvassed for their opinions on the level at which fees should be fixed.

The issue has come to the forefront in recent weeks, with sections of the media launching a campaign to bring down claimants costs against the NHS.

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Government ready to slash clin neg fixed costs limit to £25k