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NEWS
NHS Resolution has appointed the Centre for Effective Dispute Resolution (CEDR), Global Mediation and Trust Mediation Limited to provide claims mediation services under a new four-year contract. These organisations will deliver mediation services in partnership with NHS Resolution to assist in resolving personal injury and clinical negligence disputes. The mediation service aims to assist patients, claimants, families and NHS staff in resolving incidents and legal claims in a manner that avoids the financial and emotional costs associated with court proceedings. Despite 83% of claims against NHS providers that were settled without litigation in the 2024-25 period, NHS Resolution remains committed to further reducing the number of cases entering the formal legal processes.
NEWS
National Health Service (NHS) Resolution has published an updated thematic review of suicide-related clinical negligence claims against mental health trusts in England, covering 960 claims notified under the Clinical Negligence Scheme for Trusts (CNST) between 2018 and 2025.  A detailed quantitative analysis of a sample of 37 closed claims where damages were paid identified recurring patient safety issues, including absent family engagement in 76% of cases reviewed, problems with risk assessment implementation in 86% of cases and poor communication between staff in 68% of claims. It also identified delays in assessment in 32% of claims analysed, often associated with unclear referral pathways, poorly defined roles, capacity pressures and a lack of local guidance. The report highlights wider issues relating to record keeping, follow-up arrangements, clinical leadership and workforce pressures and identifies opportunities for healthcare organisations to strengthen family involvement, communication and risk assessment processes and to support patient safety and organisational learning.
NEWS
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.
NEWS
NHS Resolution has launched a new digital portal, 'Report and Manage a Claim,' for clinical claims only. The platform, designed for member trusts and beneficiaries of NHS Resolution’s clinical schemes, replaces the existing clinical claims reporting wizard and offers a more intuitive and reliable method for submitting claims. Users must register for an individual account using the designated form before submitting any claim, having reviewed the relevant CNST and GPI reporting guidelines. Non-clinical and Early Notification claims remain subject to the current reporting system, with further guidance on these exclusions to be provided later.
NEWS
NHS Resolution has published its 'Annual Report and Accounts 2025–26', recording 84% of clinical negligence claims resolved without formal proceedings from 15,236 new claims received, up 6% on 2024–25. This reflects the first year of the 'Resolution Through Collaboration' strategy, focusing on fairer resolution, data-driven learning and maternity and neonatal safety improvements. Clinical scheme payments totalled £3.24 billion, including £2.43 billion in damages and £622.2 million in claimant legal costs, with total provisions at £60.26 billion. The transition to the new CaseHub case management system caused short-term operational challenges, contributing to a decrease in resolved claims to 11,841 and closed claims to 10,047. NHS Resolution facilitated 1,029 engagements using claims data to support learning, reaching over 25,000 people. In maternity and neonatal care, 90% of trusts achieved full compliance with the Maternity Incentive Scheme. The report also addresses the Supreme Court ruling in CCC v Sheffield Teaching Hospitals NHS Foundation Trust, where a 4-1 majority held children with reduced life expectancy can claim 'lost years' damages, overturning a 1982 Court of Appeal precedent, with NHS Resolution provisioning on a best estimate basis pending confirmation of the applicable methodology.
NEWS
NHS Resolution has published its 2026/27 Business Plan, setting out its financial and service delivery priorities for the second year of its 2025–28 'Resolution through collaboration' strategy. The plan states that NHS Resolution will continue to support patients, families, healthcare professionals and the wider NHS in England by delivering fair resolution, using data and insight to improve patient safety, improving maternity and neonatal care, and investing in its people and systems. It also states that NHS Resolution will continue to expand pre-litigation approaches, increase the in-house management of claims, refine the Early Notification Scheme, and strengthen dispute resolution services to support the fair resolution of claims and reduce litigation. In addition, the plan outlines proposals to expand learning resources and education programmes, develop compassionate conversations training, explore the responsible use of artificial intelligence and digital technologies, strengthen the Maternity Incentive Scheme and Early Notification Scheme following independent evaluation, continue to support families through its Family Liaison Service and invest in leadership, workforce development and digital technology to improve efficiency and value for money.
NEWS
NHS Resolution has published its Annual Report and Accounts for 2024/25, reporting that 83% of clinical compensation claims were resolved without formal legal proceedings—the highest proportion recorded to date. This equates to 11,110 claims settled through alternative dispute resolution methods such as mediation and negotiation. The report outlines how initiatives including the Early Notification scheme for birth injury cases have supported earlier access to compensation and greater involvement of families in the process. NHS Resolution received 14,428 new clinical negligence claims and reported incidents during the year. Total payments across all clinical schemes amounted to £3.1bn, of which £1.3bn related to maternity. The estimated annual cost of harm under the Clinical Negligence Scheme for Trusts (CNST) was £4.6bn, a reduction from £4.8bn in 2023/24. NHS Resolution’s provision for future liabilities as of 31 March 2025 was £60.3bn. The report also notes increased demand for its Practitioner Performance Advice and Primary Care Appeals services.
NEWS
NHS Resolution has published a report evaluating its Maternity (Perinatal) Incentive Scheme (MIS), covering 2018–2024, assessing its impact on maternity and neonatal safety across England. MIS, introduced in 2017, provides financial incentives for NHS trusts to comply with core safety actions aimed at reducing avoidable harm in maternity and neonatal care, with trusts able to recover their additional contribution to the Clinical Negligence Scheme for Trusts upon full compliance. The evaluation found that the scheme has strengthened board-level engagement with maternity and neonatal safety, raising its profile at board level and supporting the prioritisation of safety improvements. Compliance with the ten safety actions increased from 53% of trusts in year one to 84% in year six, indicating improved adherence to safety standards over time. The scheme has also supported national safety programmes, improved assurance processes through external verification, and enabled trusts to focus on a consistent and standardised set of safety requirements. Although it is difficult to directly attribute improvements in clinical outcomes to the scheme, the evaluation indicates that MIS has contributed to system-wide efforts to improve perinatal safety, with national indicators, including perinatal mortality and neonatal admissions, showing positive trends. Changes in year eight include reduced administrative burden and a shift towards a greater emphasis on outcomes rather than process.
NEWS
NHS Resolution and the Care Quality Commission have formalised their working relationship through a new Memorandum of Understanding (MoU). The agreement, announced in March 2025, establishes a framework to enhance collaboration between the two organisations in their shared objective of promoting safety and wellbeing in NHS-funded health and social care services across England. The MOU specifically addresses the maintenance of effective communication channels and provides clarity to staff, service users and the public regarding the collaborative working arrangements between the two bodies.
NEWS
Tax analysis: In R (oao Royal Surrey NHS Foundation Trust) v HMRC, the High Court held that an NHS Trust was entitled to the benefit of a VAT concession in a successful judicial review claim.
PRACTICE NOTES
Background The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, SI 2011/704 came into force on 1 April 2011. Made under the NHS Redress (Wales) Measure 2008, the regulations introduced new arrangements for the handling and investigation of concerns about NHS services in Wales. The current framework is the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 as amended, including the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) (Amendment) Regulations 2025, SI 2025/1099, which came into force on 1 April 2026. The 2025 amendments modernised the complaints, incidents and redress process in Wales, including introduction of a formal early resolution stage, stronger communication requirements and an increased redress threshold. The Welsh Government’s updated process is known as ‘Listening to People’. Concerns raised up to and including 31 March 2026 continued to be handled under ‘Putting Things Right’; concerns raised after that date should follow the Listening to People process. The 2025 amendments followed consultation and reform proposals for NHS Wales complaints handling.
NEWS
Law360: An NHS trust has fended off one of several age harassment claims brought by a septuagenarian after an appellate tribunal ruled that a series of incidents leading to her dismissal weren't linked because the discrimination was not ongoing.