Published on: 04 November 2025
Published by a LexisNexis PI & Clinical Negligence expert
Gareth Davies, who leads the NAO, observed that cutting patient harm is the most effective route to curbing these costs. On the face of it, the answer seems straightforward: raise standards of patient safety and spending on clinical negligence claims should decline. Preventing harm also releases many thousands of NHS clinical hours and could return billions to the wider economy by reducing absence and productivity losses. The NAO notes roughly 2.4 million patient-safety incidents each year, 70% causing no harm. That still equates to about 720,000 harmful incidents, including around 12,000 cases a year involving severe harm or death. Incidents in private healthcare are not included. Helen Vernon, Chief Executive of NHS Resolution, made the same point: improving safety avoids harm, lowers costs, and eases pressure across the system. The challenge, though, is delivering significant and lasting reductions in patient-safety incidents. Back in September 2000, the Department of Health issued An Organisation with a Memory, setting out ten recommendations for learning from adverse events. A quarter of a century later, embedding that learning culture has seen limited concrete progress. The NAO’s first substantial review on this topic, Managing the Cost of Clinical Negligence Trusts (2017), and warned quite...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
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