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Hint that Clinical Negligence fixed costs could be further delayed

News is out that the extension of fixed recoverable costs for low value clinical negligence cases could be delayed to 2025 due to continuing issues with the new rules.

FRCs for low value clinical negligence cases was due to be introduced in April 2024 but was then delayed until October.

Lord Justice Bliss, the deputy head of civil justice has made comments which hint at the fact that there may be a further delay due to “fundamental issues” that need to be resolved before implementation.

There have been ongoing concerns amongst those in the legal profession as to whether these cases will remain profitable and the impact fixed costs in this area may have on access to justice.

There is also the fundamentally flawed misunderstanding that the nature of these claims is simply to compensate rather than to also prioritise learning and patient safety.

What is clear is that law firms will need adequate time to prepare and get a business model in place to continue supporting victims of clinical negligence.

With a general election on the horizon and the NHS reform being at the forefront it will be interesting to see if there is a delay or a complete withdrawal of FRC proposals for clinical negligence.

At Box Legal we are always happy to discuss ATE premiums for low-value clinical negligence policies to ensure that claimants are protected throughout their ongoing claim, with guaranteed support when needed.

Call us on 0870 766 9997 or email for more information.

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