Published 15 September 2023
Last updated 10 November 2023 — See all updates
Summary
A supplementary consultation on disbursements within the fixed
recoverable costs scheme for clinical negligence claims up to a
value of £25,000 in England and Wales.
This consultation closes at
11:59pm on 22 December 2023
Consultation description
This consultation originally ran from 15 September to 27 October
2023.
It has been re-opened as one question was missing from the online
survey. This was not an issue with responses submitted by email,
and all the questions were included in the consultation document
itself.
The question asked if respondents had any alternative proposal to
the proposals on disbursements outlined in the consultation
document.
If you want to respond to this question or to the full survey,
see the ‘Ways to respond’ section below.
If you indicate in the online survey that you’re completing the
survey for the second time, you’ll be prompted to answer the
missing question only.
In 2022, we ran a public consultation on proposals to introduce a
new scheme to enable claimants and defendants to achieve faster
resolution of ‘lower value’ clinical negligence claims (claims
valued up to and including £25,000) at a lower, more
proportionate cost than under the current system.
In response to feedback, we are now publishing a short
supplementary consultation addressing the issue of disbursements
under the proposals.
This supplementary consultation seeks views on whether the cost
of disbursements should be included within the specified
recoverable costs in the Lower Damages Clinical Negligence Claim
Fixed Recoverable Costs (LDFRC) scheme or should be additionally
and separately recoverable, and which disbursements should be
included.
Find out more
To find out more, visit the 2022 consultation
page, where you’ll find the:
- original consultation document
- government response
- equality duty analysis and impact assessment
Documents
Fixed recoverable costs in
lower damages clinical negligence claims – a supplementary
consultation on disbursements
