UK Clinical Negligence Market Report 2023

The 6th annual edition of this report published in September 2023 (51 page PDF report).

Report Contents

EXECUTIVE SUMMARY
Introduction.
Estimated £3.6 billion spent annually on CN cases.
Net legal revenue of over £900 million.
Case numbers registered fall but cases settled increase.
NHS spending increases.
Damages and litigation.
The future.

INTRODUCTION .
Overview.
Two types of damage payments.
Lump sum payment and the PIDR.
Provisions.
MARKET STRUCTURE .
Four main market participants.
Clinical negligence indemnity/insurance cover.
MARKET DEVELOPMENTS AND DRIVERS .
January 2023 – Personal injury discount rate consultation.
Calls for evidence about PIDRs in Scotland and Northern Ireland.
Fixed recoverable costs (FRCs) apply from 1 ^st October 2023.
Judicial review proceedings on FRCs from Association of Personal Injury Lawyers.
Collaboration reducing volume of claims reaching litigation.
Obstetrics and emergency medicine lead claim numbers.
Damage awards continue to increase.
Average damage amount decreases slightly in latest year.
Year-on-year decrease in cases reaching court.
Damages Claims service issued over 73,000 claims since launch in 2021.
Second progress report on the Early Notification Scheme.
Mediation numbers pass 1,800 since 2016.
THE KEY PLAYERS .
Main claimant legal advisers.
Main defendant legal advisers.
Selected Law Firm Profiles.
Bevan Brittan.
Bolt Burdon Kemp.
Browne Jacobson.
Capsticks.
Clyde & Co.
DAC Beachcroft.
DWF.
Enable Law.
Fieldfisher.
Fletchers.
Gadsby Wicks.
Hempsons.
Hill Dickinson.
Irwin Mitchell.
JMW Solicitors.
Kennedys Law.
Leigh Day.
Penningtons Manches Cooper.
Simpson Millar.
Slater & Gordon UK.
Stewarts Law.
Switalskis Solicitors.
Thompsons.
Weightmans.
NHS Resolution contracted mediators.
MARKET SIZE AND TRENDS .
Volume of cases registered with the CRU well below pre-Covid levels.
NHS Resolution claims closed increase marginally but claims registered decline.
Damages paid and legal costs increase for third year running.
NHS Scotland and Clinical Negligence and Other Risks Indemnity Scheme (CNORIS).
Medical Protection Society (MPS).
Medical and Dental Defence Union of Scotland (MDDUS).
Medical Defence Union (MDU).
Medical Defence Shield (MDS).
Medical Defence Society.
Pharmacists Defence Association.
Other medical malpractice insurance and indemnity providers.
Clinical negligence legal revenue.
THE FUTURE .