PI & Clinical Negligence specific funding and costs

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This Overview looks at funding and costs issues specific to personal injury and clinical negligence claims.

Conditional fee agreements

Although conditional fee agreements (CFAs) are common in personal injury and clinical negligence cases, it is worth noting that solicitors have a responsibility to discuss funding options with their clients. It is important to discuss with a client the different methods of funding available and to provide guidance as to which method would be the most appropriate given the client’s specific circumstances.

From 1 April 2013, the general rule is that the success fee and after-the-event (ATE) insurance premium are not recoverable from the losing party but they can be recoverable from the successful client.

From 1 April 2013, success fees for personal injury and clinical negligence cases are regulated by the Conditional Fee Agreements Order 2013, SI 2013/689 and cannot exceed 25% of general damages and past losses net of any sums recoverable by the Compensation Recovery Unit (CRU). The only exception is for claims that go to appeal where the cap is increased to 100% of general damages and past losses net of

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Latest PI & Clinical Negligence News

RTA Small Claims Pre-Action Protocol (PAP) updates—in force 1 October 2025

The Master of the Rolls has approved the amendments to the Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit in Road Traffic Accidents (RTA Small Claims Protocol), effective from 1 October 2025. The amendments deal with the treatment of non-Protocol vehicle costs (NVC) within the Official Injury Claim Portal. Previously, both claimants and compensators were required to manually upload NVC forms. Under the revised protocol, the portal will now automatically generate these forms using data provided by both parties, thereby streamlining the process and reducing the administrative burden.

PI & Clinical Negligence weekly highlights—4 September 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes a Court of Appeal judgment clarifying the limited common law powers to issue anonymity and reporting restriction orders. We consider a County Court ruling on employer liability and limitation in a vibration-related injury claim and a High Court decision on quantifying damages under Spanish law. We include a case where QOCS protection was disapplied following strike-out, the new Product Regulation and Metrology Act and details of forthcoming changes to NHS charges in England. We also have a new Checklist on past expenses and losses in PI claims. In addition, we have our usual round-up of other news, cases, and webinars of interest.

NHS Resolution launches neutral evaluation scheme with first provider contracts

NHS Resolution (NHSR) has announced the launch of a neutral evaluation scheme for resolving disputes, awarding initial contracts to the Centre for Effective Dispute Resolution and Trust Mediation. The scheme will cover all claims against the NHS, including clinical negligence, personal injury, costs, contract and property disputes. Under the scheme, parties agree to obtain a non-binding opinion from a neutral person, such as a former judge or KC, on the likely trial outcome. NHSR is developing selection criteria for suitable cases and expects to formally launch the scheme by end-2025. The initiative aims to reduce formal litigation, with NHSR indicating it will likely cover costs in cases where court proceedings are avoided. The announcement follows NHSR's success in resolving 83% of claims without formal proceedings in 2024/25.

The evidential burden in HAVS litigation: expert opinion and limitation challenges (Lunt v BAC Impalloy Ltd)

PI & Clinical Negligence analysis: Jack McCracken, co-author of the chapter on Hand-arm vibration syndrome (HAVS) in Munkman on Employer’s Liability (18th Edition), considers the first instance judgment of HHJ Saira Singh on a claim for HAVS. In Lunt v BAC Impalloy Ltd the claimant succeeded on liability and was awarded damages of £34,465.50. The judgment should interest industrial disease practitioners given the court’s approach to: (i) the limitation defence in the context of exposure to vibratory tools spanning over 20 years; and (ii) the approach to medical causation in respect of the second and third stages of the test for the diagnosis of HAVS in Montracon Ltd v Whalley [2005] EWCA Civ 1383, where there was contested expert medical evidence on the presentation and development of symptoms of HAVS and whether constitutional Carpal Tunnel Syndrome (CTS) could plausibly be considered a differential diagnosis. The judgment is also of interest on the quantum of damages for pain, suffering and loss of amenity (PSLA), future care and assistance and whether an award for disadvantage on the open labour market should be made in accordance with Smith v Manchester. Written by Jack McCracken, barrister at Ropewalk Chambers.

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