In January 2017 the Department of Health sought views on proposal for a mandatory system of fixed recoverable costs for lower value clinical negligence claims in England and Wales. 

According to the Department of Health such a scheme would aim to improve the efficiency and cost-effectiveness of clinical negligence claims by supporting:

  • quicker and more cost effective resolution for all parties
  • greater opportunities for early learning of lessons from harmful incidents to inform safer clinical practice
  • access to justice for those claimants bringing clinical negligence claims of a low monetary value, but complex nature
  • patients’ access to justice by streamlining the system and incentivising earlier resolution of such claims