Association of Consumer Support Organisations (ACSO) calls for FRC rules on clinical negligence cases to be dropped

The Association of Consumer Support Organisations (ACSO) has urged ministers to either drop or delay the implementation of new fixed recoverable costs (FRC) rules for clinical negligence cases. In light of a snap general election scheduled for 4 July, ACSO executive director Matthew Maxwell Scott sent a letter to Health Minister Maria Caulfield, MP, outlining concerns that the reforms, set to begin in October 2024, could harm claimants and increase NHS costs.

Matthew Maxwell Scott highlighted skepticism from Deputy Head of Civil Justice, Colin Birss LJ, about the timing and preparedness of these reforms during a recent Civil Procedure Rules Committee meeting. The new regime would apply to clinical negligence claims in England and Wales with damages between £1,501 and £25,000.

Matthew Maxwell Scott criticised the government's civil justice management, stating, "The government’s record on effective management of civil justice is patchy to say the least." He warned that these proposals, like previous reforms, might end up costing the NHS more due to a lack of proper assessment by the Department for Health and Social Care.

ACSO advocates for alternatives like joint settlement meetings and mediation, rather than the new FRC regime. Maxwell Scott called for better engagement with organisations involved in civil justice and criticised the current state of civil justice administration, which he described as "third rate."

ACSO urges the next government to establish a Civil Justice Commission to address backlogs and improve the system. Maxwell Scott emphasised the need for balanced public policy debate and practical measures to make the civil justice system fit for purpose