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<p>In 2017 the Department consulted on proposals for fixed recoverable costs (FRC)
in claims of up to £25,000 damages, for which claimant legal costs are most likely
to be disproportionately high relative to damages awarded. The Department published
a summary of responses to the consultation in February 2018.</p><p>Following the consultation
by the Department in 2017 and Sir Rupert Jackson’s recommendation in July 2017 to
control the legal costs of these cases, the Department and the Ministry of Justice
commissioned the independent Civil Justice Council (CJC) to draw up a new process
for clinical negligence claims of up to £25,000 damages, with proposals for FRC for
these cases.</p><p>The CJC has set up a working party to develop proposals, with input
from claimant and defendant solicitors and others, including the Society of Clinical
Injury Lawyers and Action Against Medical Accidents. The Department will consider
the CJC’s recommendations when its report is published and will consult on any resulting
proposals for FRC for these cases before implementation.</p><p>In view of the CJC’s
role to lead work on proposals taking account of stakeholder views, the Department
has not made its own assessment of the proposals or recommendations from the Society
of Clinical Injury Lawyers or Action Against Medical Accidents.</p><p> </p>
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