Jurisdiction(s):
United Kingdom

England: 2024 Clinical Negligence Claims Agreement by NHS Resolution, SCIL and AvMA—Limitation Extensions, Disclosure, Service, ADR, Apologies and Patient Safety Learning

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

Overview

On 27 August 2024, a fresh Clinical Negligence Claims Agreement (the Agreement) was entered into by NHS Resolution, the Society of Clinical Injury Lawyers (SCIL), and the patient safety charity Action against Medical Accidents (AvMA) together. The Agreement took immediate effect upon signature on that day, when it was finalised. It superseded and replaced the earlier Covid-19 Clinical Negligence Protocol 2020 (the Protocol), which had allowed claims to progress efficiently during the coronavirus pandemic. The Agreement applies to civil claims under English domestic law (including claims under the Human Rights Act 1998) and to claims under the European Convention on Human Rights. It develops the success of the earlier Protocol in refining working practices in clinical negligence litigation and seeks to continue fostering constructive behaviours and positive cooperation by claimant and defendant solicitors, and to promote a consistent approach in practice across England. Notable features include an alteration to the process that previously operated under the Protocol for suspending limitation periods. It also sets out how parties in clinical negligence disputes should collaborate and work cooperatively, covering communication between the parties, disclosure, service of documents (including proceedings), exchange of evidence, medical examinations, interim payments, ADR and, where admissions of...

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Suzanne Farg

Fieldfisher

Suzanne Farg specialises in medical negligence law and has practised in this field since 2009. She has extensive experience in acting for disabled children and adults who have been injured by failures in medical treatment, across a wide range of medical specialisms, including brain, spinal, orthopaedic and bowel injuries, genetics, and infectious diseases including the effects of sepsis. She has a particular interest in obstetrics and fetal medicine, including birth injuries which lead to permanent disabilities, such as cerebral palsy, and failures to diagnose fetal conditions antenatally.She has also acted for families in connection with Inquest proceedings where someone has died as a result of failures in medical and psychiatric care. She holds Masters degrees in Medical Law & Ethics and, separately, in Public Health and is an academic researcher in the fields of healthcare law and ethics. She has published numerous articles on medico-legal issues in the legal press. ...

Web page updated on 21/05/2026

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