Abstract
It is now more than 10 years since the Pre-Action Protocol for the Resolution of Clinical Disputes was introduced in April 1999. At the time it was a pioneering initiative. The consensus among practitioners on all sides is that it has made the pre-litigation stage of clinical negligence cases more cooperative and open, the focus being to settle claims if possible before the need for legal proceedings. Undoubtedly, though, this has resulted ‘front-loading’ of costs, with detailed investigations being required by all parties.
The Civil Justice Council has recently announced a review of all pre-action protocols, of which there are now 10 covering areas as diverse as defamation and mortgage arrears. This is to be welcomed. Whether the undoubted success of most of them can be maintained, but at lower cost to the participants, remains to be seen.