Fixed recoverable costs consultation - Law Society response
The Law Society has responded to the Department of Health's consultation on fixed recoverable costs for low value clinical negligence cases, arguing that such a scheme should only be applied to simple claims and should not restrict a solicitor's ability to do low-value cases to the highest standard.
The Society does not oppose fixed costs in principle as long as they are applied reasonably and proportionately. If a scheme is introduced, it must ensure that:
- victims of clinical negligence are able to get justice for their injuries
- clinical negligence solicitors can viably do low value cases to the highest professional standard
- experts are incentivised to work on these cases and can produce meaningful evidence within any capped fee.
A fixed cost scheme for clinical negligence cases should also be accompanied by a fixed and streamlined process, and should be applied only to genuinely low value cases.