In a significant move to ensure fair compensation for victims, expedite justice, and safeguard NHS resources, the UK government has announced caps on legal costs for clinical negligence claims involving lower damages. These changes aim to strike a balance between providing adequate legal representation and preventing disproportionate costs, all while maintaining access to justice for those harmed.
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Over the past 16 years, legal costs for claimants in clinical negligence claims of up to £25,000 have surged four-fold. This escalation in costs has resulted in a situation where claimants’ legal expenses are often double what they receive, making the system unsustainable and unfair. Notably, NHS England’s spending on clinical negligence claims has risen from £0.6 billion to £2.6 billion during this period, despite a relatively stable number of claims.
