How to Maximise Cost Budgeting in High Value Clinical Negligence Claims

Introduction

There have been many changes to the rules governing costs including the progressive expansion of fixed costs into higher value clinical negligence matters. However, the vast majority of high value clinical negligence still fall into the Cost Management regime and unfortunately, this is often neglected and considered an afterthought. That is not the case and, when done correctly, the Costs Management regime can help secure a significant sum that will likely be allowed as claimed at a costs assessment.

The aim of this virtual classroom seminar is to help clinical negligence practitioners understand the nuances of the Costs Management regime and provide hints and tips on how to maximise profit cost recovery and make the most of cost budgeting in high-value clinical negligence claims.

This live session will cover the whole Costs Management process from start to finish, setting out which claims are under the regime, which are under the new Cost Budgeting Light pilots and which claims are excluded entirely from the Costs Management process. It will also cover what should be included within a Cost Budget and how to approach tricky scenarios such as expert fees and split trials to ensure that you are not left out of pocket when it comes to costs assessments.

What You Will Learn

This live and interactive course will cover the following:

• Why is getting Cost Budgeting important?
• How will a Cost Budget be used at an assessment when there has been Costs Management?
• How will a Cost Budget be used at an assessment when there has not been Costs Management?
• What is the sanction for failing to file and serve a Cost Budget?
• What claims are excepted from Cost Budgeting in high-value clinical negligence claims?
• Exceptions to the rules
• The Intermediate Track and fixed costs
• Cost Budgeting Light Pilot
• Ensuring that the contents is accurate within your Cost Budget
• Hourly rates and the Court’s approach
• Phase-by-phase considerations - what to include and the importance of assumptions
• How to Cost Budget for a potential split trial?
• Avoiding the pitfalls of a Cost Budget that is too high or too low - costs sanctions and recent case law
• The Importance of making prompt variations to your Cost Budget
• What is a significant development?
• What is the process for varying a Cost Budget?
• What is a ‘good reason to depart’ at assessment?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.