This article is published as part of Capsticks’ Medical Malpractice and Casualty Forward View 2023.

FRCs in money claims (except clinical negligence) will not be implemented until October 2023 – a second extension of six months on the original timetable.

The Ministry of Justice (MoJ) appears to intend the new regime to apply to cases valued at up to £100,000 with the creation of a new ‘intermediate track’.

The proposal with potentially the most impact for defendants relates to ‘vulnerable parties and witnesses’ with courts being given the power to determine at the end of a case whether vulnerability caused sufficient extra costs to take a case out of the regime. The definition of vulnerable will be key.

The MoJ’s response to its consultation on FRCs for clinical negligence claims of up to £25,000 is awaited. If FRCs are introduced for these claims, they will address the disproportionate costs to damages ratio in low value claims.

Medical Malpractice and Casualty Forward View 2023

This article is part of Capsticks’ Medical Malpractice and Casualty Forward View 2023.

Read the other articles featured in this publication below:

• Spotlight on three appeal court decisions to look out for in 2023
• Concussion in sport: the next industrial disease claim?
• Courts will continue to take a robust approach to fraud, but defendants should be rigorous when assessing the strength of their case
• Private surgeons could face Covid-19 related claims
• Covid-19 public inquiry: private hospitals may face requests for statements and documents
• Government prepares for Personal Injury Discount Rate (PIDR) review
• There could be an increase in the cost of care claims, but a decrease in the cost of accommodation claims
• Private hospitals and MedTech companies will need to keep an eye on emerging product and general liability risks
• New legislation may mean more clinical trials, but ‘lighter touch’ regulation and some simplified procedures
• Legal liabilities for transport of the future: e-scooters and self-driving vehicles
• Civil Procedure Rules Committee (CPRC) may be the bearer of good news for defendants

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To discuss how any of these issues may affect your organisation, please get in touch with Majid Hassan or Chery Blundell.