June 2026
The past week has seen several noteworthy developments for claimant personal injury and clinical negligence practitioners. While there have been no major legislative announcements, there have been several procedural, costs, and case law developments of interest.
Clinical Negligence: Causation Remains Under the Spotlight
A recent clinical negligence decision (Dakin v South Tees Hospitals NHS Foundation Trust [2026]) has reinforced the importance of robust causation evidence in delayed diagnosis claims. The court found that a failure to undertake appropriate investigations materially contributed to a claimant's subsequent stroke, highlighting the continued willingness of the courts to find in favour of claimants where the evidence demonstrates that earlier intervention would probably have altered the outcome.
The case serves as a reminder that while breach of duty is often readily established, causation remains the key battleground in many clinical negligence actions.
Costs Reform Continues to Loom
The prospect of further costs reform within clinical negligence remains a significant concern for claimant firms. Discussions around the introduction of fixed recoverable costs for lower-value clinical negligence claims have not disappeared and continue to attract considerable attention across the sector.
Any extension of fixed costs into clinical negligence would have far-reaching implications for case selection, profitability, and access to justice, making this an area that firms should continue to monitor closely.
Court Fee Increases Due in July
Practitioners should also be aware of upcoming court fee increases scheduled to take effect from 13 July 2026. Whilst the increases are not expected to fundamentally alter litigation behaviour, they will have an impact on disbursement budgets, cash flow, and funding requirements, particularly for firms operating high-volume litigation practices.
Contributory Negligence Continues to Feature Prominently
Recent decisions have demonstrated that defendants remain willing to pursue contributory negligence arguments aggressively. Even where liability is largely established, courts continue to make deductions where claimants are found to have contributed to their own losses.
For claimant representatives, early assessment of potential contributory negligence issues remains critical when advising clients on prospects of success and settlement strategy.
Digital Justice Reforms Continue
The Civil Procedure Rule Committee's latest discussions indicate that the modernisation of the civil justice system remains firmly on the agenda. Ongoing work continues around digital claims processes, online court services, and wider procedural reforms designed to improve efficiency and access to justice.
Whilst many of these changes will be implemented gradually, firms should expect increasing digitisation of court processes over the coming years.
Looking Ahead
The industry will continue to closely monitor developments regarding clinical negligence costs reform, CPR procedural changes, and any additional announcements affecting claimant litigation funding and recoverability. These issues are likely to remain at the forefront of discussions throughout the remainder of 2026.
