Clinical Negligence Multi-Track Costs - Practice Update

Introduction

Navigating the complexities of clinical negligence costs continues to be a demanding yet highly stimulating field for legal professionals. Practitioners constantly strive to balance facilitating access to justice with maintaining operational profitability - a dynamic intensified by the progressive rollout of Fixed Recoverable Costs (FRC) for clinical negligence claims valued up to £25,000.

This insightful virtual classroom seminar is designed to tackle the critical, day-to-day financial and costs-related hurdles encountered by clinical negligence specialists. It will delve into these pivotal concerns from a thoroughly practical standpoint, referencing pertinent rules, practice directions, and the latest influential case law shaping costs and procedural practice.

Emphasis will be placed on significant 2024 and early 2025 judgments that bear on retainers and detailed costs assessments. Furthermore, this live session will provide actionable strategies to enhance profitability and improve cash flow.

This live session is tailored for all clinical negligence lawyers managing multi-track claims and those keen to stay abreast of leading-edge developments in legal costs.

What You Will Learn

This live and interactive course will cover the following:

• The fixed recoverable costs regime
• Understanding the current scope of FRC implementation in clinical negligence for claims up to £25,000 and its practical consequences for practitioners.
• Proportionality in clinical negligence
• Its persistent significance in the assessment of costs
• Solicitor/client retainers and costs
• Key takeaways from recent 2024/2025 SCCO and High Court judgments (e.g., James v Wilkin Chapman LLP [2024], AKS v NFU Mutual [2025]) concerning agreement clarity, success fees, and client deductions
• ATE premiums and recoverability
• Current perspectives and established guiding principles
• Expert witness selection and the implications of Third-Party Costs Orders, drawing on Robinson v Liverpool University Hospitals NHS Trust and Mercier
• Challenges in costs management and budgeting
• Integrating the Clinical Negligence Claims Agreement (CNCA) 2024 and looking ahead to forthcoming reforms and pilot schemes (like Precedent Z) slated for 2025
• Consideration of the established principles from cases such as Persimmon Homes Ltd & Anor v Osborne Clark LLP & Anor where relevant
• Interim payments on account of costs
• Current best practices and the collaborative approach advocated by the CNCA 2024
• Part 36 Offers
• Applying lessons from Chapman, strategies for acceptance, and contemporary factors in determining offer outcomes
• Maximising profitability through effective case management, especially considering FRC and the necessity for compliant client agreements
• ADR in practice - the evolving landscape following the Churchill v Merthyr Tydfil decision
• The up-to-date position on QOCS (Qualified One-Way Costs Shifting)
• Understanding and navigating the Intermediate Track for applicable clinical negligence cases
• Cost-effective strategies for cases involving admissions of liability
• Practical tactics for achieving straightforward wins on costs and enhancing cash flow

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.