The Government’s Proposals to Change Clinical Negligence and Small Claims Limits

The Government have proposed to reform the law governing clinical negligence actions and have proposed an increase to the current small claims limit.

Although the reforms have been delayed lawyers remain uncertain as to the future and the changes that could adversely impact upon Claimants’ rights and their recovery of costs.

The Government intends to implement fixed costs for clinical negligence actions and Claimant lawyers argue that this is simply untenable as the complicated nature and the significant effect on individuals associated with these types of claim are far from straightforward.

Similarly, should the Government increase the small claims limit, then potentially up to 70% of all personal injury claims may be affected by the increased threshold and for which the Government plan no recovery of legal costs.

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