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Association of Personal Injury Lawyers

No fixed costs without a fixed system, says APIL

28 Apr 2017
APIL news

The cost of clinical negligence claims will never fall unless the NHS Resolution’s bad practice is brought under control, the Association of Personal Injury Lawyers (APIL) has warned.

APIL has responded to the Department of Health’s consultation Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims.     

“It is pointless to impose fixed costs for clinical negligence work without fixing the process first,” said APIL president Neil Sugarman. “A fixed, predictable claims process needs to be developed, rather than imposing fixed costs on the existing, dysfunctional system.

“Taking an axe to how much the Department of Health pays does nothing to tackle the factors which drive costs, such as the ludicrously long waiting times for the recovery of medical records, or arduous expert reports. We propose that a claimant should submit an abbreviated expert report early on, for example, so that NHS Resolution as it is now called can decide early on whether to make an offer to settle.  

“Fixed costs should only apply where the defendant admits liability in the letter of response,” he went on. APIL also proposes that cases of fatalities, claimants who have a short life expectancy, claims which include an allegation of breach of the Human Rights Act, and cases in which there are multiple claimants or defendants should also all be excepted from a fixed costs regime.

“Of course, while an efficient process is important, we must not lose sight of the fact that the injured person is at the heart of the compensation system,” said Mr Sugarman.

“The Department of Health seeks to advance its own cause, as a negligent wrong-doer, by changing the way in which injured people can succeed and the costs they can recover. It’s like a criminal dictating the length of his sentence,” he said.


Notes to editors:

  • APIL (Association of Personal Injury Lawyers) is a not-for-profit organisation whose members are dedicated to campaigning for improvements in the law to help people who are injured or become ill through no fault of their own.
  • For more information contact APIL's press and communications officers Jane Hartwell on t: 0115 943 5416, m: 07808 768623, e:, or Lizzy Freeman t: 0115 943 5431, e:
  • Visit the association's website at
  • • Follow @APIL on Twitter:

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Head of Public Affairs
Lorraine Gwinnutt
0115 943 5400

Communications Manager
Jane Hartwell
0115 943 5416

Press & Communications Officer
Lizzy Freeman
0115 943 5431