Costs management suspension for clinical negligence cases

Costs management suspension for clinical negligence cases
Costs budgeting will be suspended in relation to High Court clinical negligence cases and will not be applied to cases listed for costs hearings between October 2015 and January 2016.

The Press Office at the RCJ confirmed on 6 July 2015:

“As a temporary measure, to clear a backlog of cases, the Queen’s Bench Masters responsible for the case management of clinical negligence cases are exercising this discretion in relation to listed before them between October 2015 and January 2016. This approach will be kept under review.”

It has previously been reported that the High Court had begun sending out orders stating that clinical negligence claims would not be subject to costs management.

This change is no doubt linked to the comments of Lord Justice Jackson during his Harbour Litigation Funding lecture last month, in which he called for a 'one-off release' from costs management for all medical negligence cases in this category. He noted that in London there were delays of up to nine months for listing case and costs management conferences in clinical negligence cases, and recommended a 'one-off release' from costs management for all cases which already have CCMCs listed for between October 2015 and January 2016.

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About the author:

Janna is a dispute resolution lawyer. She deals primarily with cross border issues and is active in the work being undertaken in relation to the implications of Brexit for Dispute Resolution lawyers. Janna also heads up a LexisNexis costs team bringing together expertise from across the company to deal with the costs issues facing the profession.