Personal Injury/Clinical Negligence

Claimant representatives have reacted angrily to the government’s decision to press ahead with fixed recoverable costs for clinical negligence cases that settle pre-issue for less than £25,000.

Fixed recoverable costs for clinical negligence claims that settle pre-issue for up to £25,000 will come into force next April, the government announced today – but it has increased the costs on offer.

A partner lied to the litigation friend and mother of a medical negligence victim, telling her repeatedly over two and a half years that a pre-action protocol letter had been sent when it had not.

A personal injury firm which did not deal directly with clients referred by a claims management company over six years has been fined by the Solicitors Regulation Authority.

The Association of Personal Injury Lawyers has issued judicial review (JR) proceedings challenging aspects of the new rules to extend fixed recoverable costs.

A woman who lives in Scotland but chose to instruct an English law firm to conduct her personal injury case, using a Scottish law firm as agents, cannot recover the English firm’s fees.

A claimant who lied about having a minor head injury, which did not feature in his pleaded claim or medical report, was not fundamentally dishonest, the High Court has ruled.

The personal injury market is showing “little signs of recovery”, with some – mainly larger – firms posting good results and having expansion strategies, new research has found.

The number of claims management companies has fallen by 83% from its high point of 3,213 in March 2011 to just 546 now, new figures have revealed.

Two of the best-known names in the personal injury market are set to disappear after they were acquired by Manchester firm Express Solicitors.

The Ministry of Justice is to increase the new fixed recoverable costs coming into force on 1 October to take account of the high rate of inflation, and is consulting on other changes.

It is also consulting on a range of further changes to the regime

The cost-of-living crisis is encouraging “opportunistic” personal injury fraud, with “professional enablers” designing “cynical ‘conveyor belt’ processes” to maximise fake or exaggerated injuries.

The proportion of claims settled by NHS Resolution pre-issue hit a record 80% in the last year, but the cost of claims still rose, according to its annual report.

An increase in fees for medical reports and a ban on lawyers instructing medical experts before the defendant’s liability decision are among reforms put out for consultation today.

Interpreters’ fees are recoverable as a disbursement in PI fixed costs cases, without which solicitors may not take on cases for clients who cannot speak English, the Court of Appeal has ruled.