PI Brief Update

The LDFRC scheme latest: reforms expected by October 2024 - Amy Lanham Coles, Temple Garden Chambers

15/05/24. April has come and gone and while the Lower Damages Clinical Negligence Claim (“LDFRC”) scheme has not been implemented as originally planned, there have been two recent updates.

Firstly, as per the Civil Procedure Rule Committee minutes from March 2024, the implementation date has been pushed back to October 2024 for the entire scheme. There remain outstanding issues to resolve before draft rules can be published (expect these in the summer). 

Secondly, the government has published their consultation outcome for the supplementary consultation on disbursements under the LDFRC scheme. The government intends:

1. To allow expert report fees (including expert costs associated with the report) and ‘after the event’ (ATE) insurance premiums covering expert reports for all LDFRC scheme claims – without a cap for now at least;
2. To allow recovery of court fees for a Part 8 application for pre-action disclosure in all LDFRC scheme claims, to ensure that parties are able to obtain evidence such as medical records early;
3. To allow separate recovery of disbursements in relation to applications for a stay in LDFRC scheme proceedings, where the claim is issued for limitation purposes;
4. To allow recovery for counsel’s advice and court fees for Part 8 approval hearings for children and protected parties under the LDFRC scheme;
5. To exclude inquests from the rules relating to costs and disbursements in the LDFRC scheme – so that costs and disbursements in inquests will be recoverable to the extent that they would in non-LDFRC clinical negligence claims.

For past reporting on the scheme see here.

Image ©iStockphoto.com/Tero Vesalainen