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Please can someone do a freedom of information request regarding the level of costs paid in clinical negligence claims arising from incidents after 1 April 2013 (so entirely under the post Jackson proportionality, costs budgeting and irrecoverable success fees and reduced scope of ATE insurance premiums) compared to claims of similar value damages, conduct period and liability stance to take a look at whether or not the costs per claim has increased post Jackson (clue it has dramatically increased despite deliberate misinformation disseminated by NHSLA).

This needs to be considered as well as the number of claims when considering if costs overall are increasing or not.

There is little point looking at what costs were paid this this year as it will be dominated by pre Jackson era cases as the cases resulting in the highest costs take several years to settle and then the costs have to be agreed.

Also, when MDU says there has been a surge of claims post LASPO due to a change in now win fees surely this is wrong as it seems counter intuitive. Presumably there was a surge of claims with CFAs signed up to pre 1 April 2013 but the claims and costs are being dealt with now?


On another tangent the £7.5M damages payment is the massive issue here.Should a brain injury child (the usual big NHS claim) get £XXM damages to care for them but a child who with a similar injury who was just unlucky have to make do with local authority care package. In cash terms the damages in birth injury claims are what needs tackling perhaps by spending more cash on maternity wards but this investment has to come first to see a reduction in the damages paid out.