A fixed recoverable costs system must be proportionate and avoid complexity to succeed - MDDUS

In response to the announcement by the Department of Health and Social Care that it plans to consult on the introduction of fixed recoverable costs and a new streamlined process in clinical negligence claims up to a value of £25,000 in England and Wales, Emma Parfitt, MDDUS Director of Professional Services and General Counsel, said:


“We are very much in favour of a fixed recoverable costs scheme.

“Without a cap on costs, the current system has created an adversarial culture of litigation, which is drawing away resource from the NHS at a crucial time.

“So, we are disappointed government is still moving so slowly on what is clearly a win-win for patients and the NHS. A comprehensive fixed costs package is urgently needed.

“The Government has had the recommendations of the Civil Justice Council working group on alternative dispute resolution since 2019.

“So, while this announcement from the DHSC is welcome, it represents slow progress on an important issue.

“We stand ready to work with the DHSC to ensure that any scheme it introduces works at a practical level as part of a simple and streamlined process.

“What is crucial here is to achieve proportionality in low value claims without introducing unnecessary complexity.”




The Medical and Dental Defence Union of Scotland (MDDUS) protects the professional interests of more than 54,000 doctors and dentists across the United Kingdom, offering access to indemnity, support and legal advice.

For further information please contact Alison Hardie, head of public affairs and strategic communications, on 07501 421398

This page was correct at the time of publication. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.

For registration, or any login issues, please visit our login page.