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Fixed recoverable costs consultation - Law Society response

2 May 2017

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.

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