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Fighting a good fight, but ultimately I doubt it will be successful. This government is not concerned with access to justice and has seen that in fast track PI and ID cases fixed costs work and cases are still being pursued (as evidenced by LJ Jackson's latest report). Politically, the government cannot be seen to be reticent to act where the legal bill to the NHS from claims is paid directly by the taxpayer and is, according to the NAO, likely to increase over the next five years.

Certain legal commentators are now advocating for adoption of Crown Immunity as a way to reduce the NHS bill, as is presently being suggested in MOD cases. Fixed costs will be seen as a god-send if that were to go ahead!