Funding and costs

Funding and costs

Funding

The usual mechanisms for funding a clinical negligence claim are:

•
conditional fee agreement
•
before the event (BTE) insurance
•
damages-based agreement
•
legal aid/public funding

Outside these criteria, ‘exceptional case’ funding may be available under section 10(2) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012). Decisions are made by the Legal Aid Authority, applying the Lord Chancellor’s Exceptional Funding Guidance (Non-Inquests).

See further Practice Note: Clinical negligence claims—funding and costs.

Conditional fee agreements

The now-traditional ‘no win, no fee’ arrangement is subject to amended rules which came into effect on 1 April 2013. Under a conditional fee agreement (CFA), the solicitor is not paid if the case is lost. In the event of success, they receive as payment their base fees plus a success fee calculated at a proportion of those base fees. Base costs are generally sought to be recovered from the opponent while the success fee is payable by the client. The rules on CFAs in clinical negligence claims are, with one exception, broadly the same as apply in personal injury claims.

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest PI & Clinical Negligence News

UK Supreme Court unveils new digital platform to modernise court processes

The UK Supreme Court (UKSC) and Judicial Committee of the Privy Council (JCPC) are set to launch new websites and a Case Management Portal on 4 December 2024. This digital transformation, part of a three year change programme, aims to revolutionise user interaction with the courts. The new system will enable digital filing of court documents, real-time case tracking and improved accessibility for all users, including litigants in person. The initiative, developed in collaboration with Capgemini and Q5, has undergone extensive user testing and is designed to enhance both judicial functions and educational outreach. This modernisation effort seeks to establish the UKSC and JCPC as world-leading, transparent and user-centric judicial institutions.

ACSO responds to government's statutory review of whiplash injury regulations

The Association of Consumer Support Organisations (ACSO) has commented on the government's statutory review of whiplash injury regulations. While welcoming the Lord Chancellor's publication of an uprated tariff, ACSO highlights concerns about the implementation timeline, which includes an eight week consultation with the Lady Chief Justice and subsequent parliamentary process. The organisation emphasises the significant erosion of the tariff due to inflation and calls for swift action to lay the necessary statutory instrument before parliament in 2025. ACSO also notes the lack of evidence regarding promised savings for motorists and urges the government to respond to the 2023 medical reporting consultation, addressing the decade-long freeze on medical expert fees. The organisation stresses the importance of certainty and consistency in revising fixed costs regimes and tariffs to maintain market investment and protect injured consumers' interests.

CJC concludes comprehensive review of pre-action protocols with publication of final report (phase two)

The Civil Justice Council (CJC) has concluded its extensive review of pre-action protocols (PAPs) with the publication of its phase two report. The first phase of the final report, published in August 2023, examined the role of PAPs in the civil justice system and explored the potential for digitalising pre-action processes. The second phase was published in November 2024. In the second (and final) phase report the CJC has set out its recommendations for the reform of various existing PAPs, including those for Personal Injury, Housing, Judicial Review, Debt, Construction and Engineering, Professional Negligence and Media and Communications. The report also recommends the creation of two new PAPs, one for dealing with child abuse and one for Multi-Track Claims in the Business and Property Courts of England and Wales (with a draft included at Appendix 1).

MoJ Concludes review of Whiplash Injury Regulations 2021

The Ministry of Justice (MoJ) has completed its statutory review of the Whiplash Injury Regulations 2021, SI 2021/642, as mandated by the Civil Liability Act 2018. The Lord Chancellor's report, presented to Parliament on 21 November 2024, recommends maintaining the existing tariff structure while increasing amounts by 14-15% to account for inflation. Key decisions include retaining the current duration bands and split between whiplash and whiplash with minor psychological injury. The Ministry will explore providing further guidance on defining minor psychological injuries. Next steps involve an eight-week consultation with the Lady Chief Justice, followed by the preparation of a revised Statutory Instrument under the affirmative resolution procedure to implement the changes. The updated Regulations will apply to claims arising from accidents occurring on or after the commencement date.

View PI & Clinical Negligence by content type :

News