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>
Following the consultation by the Department in 2017 and Sir Rupert Jackson\u2019s 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>
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\u2019s recommendations when its report is published and will consult on any resulting proposals for FRC for these cases before implementation.<\/p>
In view of the CJC\u2019s 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>
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