By Matthew Best, Director – ATE Partnerships, Head of Personal Injury & Clinical Negligence
(Estimated reading time: 3 minutes 31 seconds)
In the spirit of a new government and in the interests of full disclosure – this article includes some AI-generated research content. Specifically we asked Chat GPT to ‘Prepare an article for a newsletter aimed at UK clinical negligence solicitors on the impact of the new UK Labour government on legislation and regulation of clinical negligence claims in relation to costs of litigation, mediation, no fault compensation and other topical issues.’ We then reviewed the content, obviously checking it for accuracy and consistency with our previous views, but were able to widen the scope slightly in what we’ve commented on below.
With the recent Labour General Election victory, clinical negligence solicitors may need to be ready for a changing landscape of legislation and regulation. Could the new government’s policies significantly impact clinical negligence claims, particularly concerning litigation costs, mediation, no-fault compensation and other topical issues?
The observations below are not ones we here at Temple necessarily agree with – more sharing a few thoughts and questions as to what may happen under the new administration and encouraging debate on some new topics that may impact the claimant clinical negligence community.
Costs of Litigation
- One of the most anticipated shifts under the Labour government is the approach to litigation costs. Historically, Labour has advocated for greater access to justice, which includes addressing the financial barriers that impede individuals from pursuing legitimate claims.
- Can we expect further reforms aimed at reducing the costs of litigation, measures that could ‘level the playing field’, allowing more claimants to seek redress without the fear of prohibitive expenses?
- What might happen with fixed recoverable costs?
- Could this also mean more stringent cost control measures and greater scrutiny of solicitors’ fees, impacting how firms manage their billing and case financing?
Mediation and Alternative Dispute Resolution (ADR)
- Labour’s inclination towards more amicable and cost effective dispute resolutions will likely bolster the role of mediation and ADR in clinical negligence cases. Could the new government be expected to further encourage the resolution process to also help reduce the burden on courts?
- Solicitors should prepare for a regulatory environment that further prioritises mediation before allowing cases to proceed to court. This shift would necessitate that firms invest in training for mediation and negotiation skills to remain competitive and effective advocates for their clients.
- Temple has been a long-time advocate of mediation for clinical negligence claims.
No-Fault Compensation Schemes
- A significant area of interest under the Labour administration is the potential introduction of a no fault compensation scheme for medical injuries. This system, already in place in countries like Sweden and New Zealand, compensates patients for medical mishaps without requiring proof of negligence.
- While this approach could simplify the claims process and ensure quicker compensation for victims, it also raises concerns about the adequacy of compensation and the accountability of healthcare providers. For solicitors, could this change see a drastic reduction in traditional negligence claims, compelling a shift towards advisory roles or advocacy within the framework of the new scheme?
Regulatory Changes and Professional Conduct
- Labour’s broader regulatory stance suggests a likely increase in oversight and regulation across various sectors, including legal services. Might clinical negligence solicitors see tighter regulations regarding professional conduct and increased transparency requirements?
- The Solicitors Regulation Authority (SRA) may introduce new guidelines to ensure higher standards of practice, which could include mandatory reporting of certain types of claims or more rigorous auditing processes.
Focus on Patient Safety and Prevention
- It might not be a surprise if the new government is expected to emphasise preventive measures in healthcare to reduce the incidence of medical errors. This approach might lead to collaborative initiatives between legal professionals and healthcare providers aimed at improving patient safety standards.
The Temple Perspective
In due course, the new government’s policies could well see a transformative period for clinical negligence solicitors. The anticipated legislative and regulatory changes could significantly impact some already well-known topics – costs, the use of mediation and the potential implementation of no-fault compensation schemes being just three.
But what might any others actually be?
With that in mind, it will be important to stay informed, adaptable and prepared for the challenges these changes will bring. Here at Temple we are committed as ever to keeping you informed on these developments. Please call Matthew Best on 01483 514804 or email with your observations on this topic or to discuss your ATE insurance requirements.
Matthew Best Cert CII
Head of Personal Injury & Clinical Negligence
Matthew Best Cert CII
Matt has an insurance background and joined Temple in 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work. Matthew was promoted to Underwriting Manager and subsequently Senior Underwriting Manager taking on overall responsibility for Temple’s personal injury and clinical negligence underwriting department.
In 2022 Matt joined the board of directors as Director of ATE Partnerships. Matthew has cultivated fantastic relationships with our business partners for many years. His ability to build a clear understanding of their requirements and more importantly what is required to fulfil such requirements means he is ideally placed to support the strategic direction of the company.
Matt remains the head of the personal injury and clinical negligence department and is committed to all Temple’s business partners in order to deliver the highest level of service they expect. He is also responsible in making sure that Temple’s ATE and disbursement funding products remain competitive, but most importantly that they are fit for purpose for solicitors and their clients.
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