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Clinical Negligence Litigation and Behaving ‘positively’ during the Pandemic – new protocol issued.

To encourage lawyers to behave ‘positively’ during these unprecedented times, a Covid-19 Clinical Negligence protocol has been agreed by groups representing interests in clinical negligence claims. Click here for a copy.

During the pandemic, medical experts have been called to the frontline to help the fight against coronavirus. Many processes have been delayed and so there is undoubtedly going to be delays in progressing all litigation especially in regard to clinical negligence claims.

As well as general provisions such as emailing becoming the default position for serving / receiving documents, the protocol also addresses costs at paragraphs 6 and 9.

The costs element of the protocol states that parties should adopt a reasonable approach in relation to interim payments and unnecessary applications should be avoided.

In regard to budgeting, it emphasises that parties should ‘exchange their costs budgets in good time’ and think about whether the budgeting aspect of the CCMC can be adjourned.

Although it is stressed that the Covid-19 situation should not be used as an excuse for avoidable delays, hopefully the protocol will aid cooperation between parties.

A&M Bacon Limited has extensive experience of costs in clinical negligence matters and are waiting to assist you. Call us today on 01733 350880.

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