A note from Dominic Regan
Many will be aware of proposals to fix costs for unissued low value clinical negligence cases from April next year.
My 3 thoughts are as follows. Low value means up to £25,000.
1. The proposals are labyrinthine and the last thing I would envisage if the declared intention is to simplify matters.
2. The measures would seemingly be retrospective in that the crucial date is that of the letter of claim, NOT when the cause of action accrued. The prudent would, despite my next point, be well advised to fire off a comprehensive letter of claim as soon as ever sensibly they can in order to secure their position.
3. The Rules Committee rightly thinks it a big ask to deliver draft Rules very quickly. It is only fair that practitioners have decent notice of significant reforms. My instinct (and nothing more) is that these provisions will not be in place next Easter. Given that a General Election is a cert for next autumn at the latest, I believe we will not see any reforms before 2025, if at all.
I am fortunate enough to be invited to the Civil Justice Council meeting in London on Friday 17th November and I will report back on that event next month.
Dominic Regan, Director of the Frenkel Topping Knowledge Hub
16.10.2023