Page 8 - PIC-Magazine-Issue-22-Spring-Summer
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 By Konrad Honour-Matulewicz and Matthew Best from Temple Legal Protection
   Matthew Best is Director of
ATE Partnerships and Konrad Honour-Matulewicz is Technical Underwriting Manager at Temple Legal Protection
     Fixed costs for lower value clinical negligence claims – what’s what and when might it happen?
Plus disbursement funding – make a difference for your firm and your clients
In this article we consider two big topics for 2024, the introduction of fixed recoverable costs for clinical negligence claims with a value of up to £25,000; then, for all case types, there are someforthright insights on what disbursement funding options are available
for your firm and your clients.
At the time of writing this was planned to start from 6th April 2024 with the consultation period having closed on 22nd December last year. More recently it was announced that the planned implementation date might be delayed. In this article we take a close look at how the new process will operate – whenever it takes effect.
The New Process
Fixed costs will only apply to clinical negligence cases which settle at pre-litigation stage with a settlement or judgment value between £1,501 and £25,000. The fixed costs regime
will be applicable to all cases notified on or after 6th April 2024. Stillbirth and neonatal death claims are excluded from the new costs regime, note however that not all fatal accident claims will be excluded.
Cases will be pursued under the standard track or light track process. Once the proceedings have been issued it will fall into the new Fixed Recoverable Costs regime on the basis of complexity/quantum and amount of expert evidence required.
On the standard track, a Letter of Claim will be sent to the Defendant. This should include medical records, expert’s report on breach of duty care and causation (up to 3 experts from different disciplines), witness statements (limited to 2 witnesses), any separate report on condition and prognosis and details of losses and supporting documents.
The Defendant should respond within 6 months, then the Claimant should reply within 6 weeks or, alternatively, proceed
to mandatory stocktake – or accept the Defendant’s offer.
A mandatory stocktake and discussion must take place if case cannot be settled after Defendant’s response. At the end, neutral evaluation must be held within 4 weeks if the claim is not settled at the mandatory stocktake.
Light track bundles will include an explanation of the claim basis – with supporting documents, medical records, details of losses and accompanying evidence. The Defendant should then respond within 8 weeks with a full admission of liability. If not, the claim will continue under the standard track and restart within 8 weeks. Mandatory stocktake will normally take place within 4 weeks and, if required, there will be an opportunity to obtain further evidence which will then determine any further steps. Finally, a neutral evaluation must be held within 4 weeks.
Partners In Costs

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