Horizon scanning

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The PI & Clinical Negligence horizon scanner—February 2025 is a summary of the key developments relevant to personal injury and clinical negligence practitioners including recent court decisions, legislation, consultations, reforms and CPR updates.

For archived entries, see Practice Notes:

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    PI & Clinical Negligence horizon scanner—September 2024 [Archived]

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Latest PI & Clinical Negligence News

Litigation-Funding dispute resumes amid uncertain future

Law360, London: Sony and Apple will challenge the validity of widely used litigation-financing agreements at the Court of Appeal on 10 June 2025 against the backdrop of an influential report calling for legislation to urgently reverse a landmark ruling that shook the funding industry.

CPRC minutes: clinical negligence fixed costs reforms remain under government review

The Civil Procedure Rule Committee's (CPRC) annual open meeting minutes from 9 May 2025 reveal that fixed recoverable costs (FRC) reforms for lower damages clinical negligence claims remain on hold, pending government's further direction. The Costs Sub-Committee Chair, Mr Justice Trower confirmed the government is currently considering the way forward on clinical negligence FRC and an announcement on the government's position is anticipated in due course. A broader FRC review planned for 2026 will examine vulnerability provisions, while a separate stocktake of the existing FRC regime is scheduled for October 2025.

How to quantify accommodation claims in short life expectancy cases; still no nearer (Hill v East Kent NHS Trust)

PI & Clinical Negligence analysis: The issue arose in an interim payment application in a clinical negligence claim as to how to value the capital cost of a property already purchased when the claimant’s life expectancy was relatively short (just over 12 years). The claimant contended that she should recover the full value of the capital cost, not least when she could otherwise have purchased a cheaper house but spent more on adaptations. The judge rejected this submission and applied a conventional Swift v Carpenter calculation, while noting that this approach may not provide full compensation to the claimant. Written by Robert Weir KC, barrister at Devereux Chambers.

AI law firm debut sparks hopes and concerns

Law360, London: The country's first approved artificial intelligence law firm could be a turning point, making it easier for individuals and small businesses to get legal support. But the proliferation of artificial intelligence in the legal sector could also put considerable pressure on small firms and solo practitioners.

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