Abstract
Times are currently very uncertain in the world of clinical negligence. We know that recoverability from the defendant of ATE premiums and uplifts will cease for new claims, probably with effect from October 2012, but at the date of writing it is unclear what cases (defined as “exceptional”) will still qualify for Legal Aid and what mechanism there might be for funding claimants' disbursements. Further, a fresh attempt to launch a judicial review against the Lord Chancellor regarding his consultation on the Discount Rate is in train. It is therefore difficult at present to gauge exactly what the clinical negligence landscape will look like in a year's time, but 2012 certainly promises to be an intriguing New Year.