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UK Clinical Negligence Market Report 2025

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    Report

  • 44 Pages
  • September 2025
  • Region: United Kingdom
  • IRN Legal
  • ID: 5659634

The eighth edition of an annual market report which provides a review of the clinical negligence legal market, looking at the legislative background, recent market developments and drivers, market structure, market size and trends with historical volume and value data, the key players and future market developments.

Revenue from CN cases increases as more cases processed and legal fees grow

Key findings are:

  • In the year 2024/25 (to end-March), the publisher estimates law firms earned revenue of around £1.7 billion from CN cases, an increase of 8.1% over 203/24.
  • CN case numbers (registered at the Compensation Recovery Unit) increased again in 2024/25 reaching 16,395, growing by 6.5% on 15,389 cases in the previous year. Cases settled slipped to 16,536 from 17,409 a year earlier. It should be noted that these cases settled will include cases started a few years ago.
  • Both claims reported and closed at NHS Resolution (NHSR) increased in 2024/25. The largest categories of claims by volume at NHSR are emergency medicine (14%), orthopaedics (12%), and obstetrics (11%). Measured by value, obstetrics dominates with a 53% share and in second place is emergency medicine at 16%.
  • Total expenditure on claims settled by the NHS increased by 9.5% in 2024/25 to over three billion (£3.1 billion) from £2.82 billion in 2023/24. There was a notable increase in claimant legal fees in 2024/25 with an increase of 13.8% on 2023/24.
  • In the coming year, we expect both claims registered and settled to increase. In the last three years, claims registered at both the CRU and NHSR have grown in each year and, in the medium term, this points to an increase in claims settled or closed. Market value growth is forecast to be around 7-8% for each of the next two years.
  • One block on growth could be the possibility of fixed recoverable costs (FRCs) being introduced for lower-value CN claims (up to £25,000). The Labour Government seemed to have kicked this into the long grass but in the minutes of the Civil Procedure Rules Committee, 4th June 2025, Mr Justice Trower (Costs Sub-Committee Chair) answered a question by stating that “Currently, the government is considering the way forward on clinical negligence fixed recoverable costs and an announcement on the government’s position is anticipated in due course”.

Table of Contents

EXECUTIVE SUMMARY
  • Introduction
  • Total legal revenue estimated at £1.7 million
  • Case numbers registered increase again
  • NHS spending grows with a double-digit increase in claimant legal fees
  • Claims going to trial or proceedings fall for the fourth year running
  • More market growth expected
INTRODUCTION
  • Overview
  • Two types of damage payments
  • Lump sum payment and the PIDR
  • Provisions
MARKET STRUCTURE
  • Four main market participants
  • Clinical negligence indemnity/insurance cover
MARKET DEVELOPMENTS AND DRIVERS
  • New personal injury discount rates across the UK
  • New voluntary code of practice for medical defence organisations
  • National Audit Office launches investigation into clinical negligence costs
  • NHS Resolution announces new provider contracts for mediation
  • New Neutral Evaluation Scheme also announced by NHSR
  • Emergency medicine and orthopaedic surgery lead claim numbers
  • Year-on-year decrease in cases reaching court
  • Damages Claims service issued over 116,000 claims since launch in 2021
  • Mediation numbers pass the 2,000 mark since service launched in 2016
THE KEY PLAYERS
  • Main claimant legal advisers
  • Main defendant legal advisers
  • Selected Law Firm Profiles
    • Bevan Brittan
    • Bolt Burdon Kemp
    • Browne Jacobson
    • Capsticks
    • Clyde & Co
    • DAC Beachcroft
    • DWF
    • Enable Law
    • Fieldfisher
    • Fletchers
    • Gadsby Wicks
    • Hempsons
    • Hill Dickinson
    • Irwin Mitchell
    • Kennedys Law
    • Leigh Day
    • Penningtons Manches Cooper
    • Simpson Millar
    • Slater & Gordon UK
    • Stewarts Law
    • Switalskis Solicitors
    • Thompsons
    • Weightmans
MARKET SIZE AND TRENDS
  • Volume of cases registered increase but claims settled drop at the CRU
  • NHS Resolution claims reported and closed both increase in 2024/25
  • Damages paid and legal costs increase for third year running
  • Medical Protection Society (MPS)
  • Medical and Dental Defence Union of Scotland (MDDUS)
  • Medical Defence Union (MDU)
  • Medical Defence Shield (MDS)
  • Medical Defence Society
  • Pharmacists Defence Association
  • Other medical malpractice insurance and indemnity providers
  • Clinical negligence legal revenue growth of over 8% in 2024/25
FUTURE DEVELOPMENTS
  • Increases in both claims registered and settled expected.
ASSOCIATIONS

Companies Mentioned

  • Bevan Brittan    
  • Bolt Burdon Kemp    
  • Browne Jacobson    
  • Capsticks    
  • Clyde & Co    
  • DAC Beachcroft    
  • DWF    
  • Enable Law
  • Fieldfisher    
  • Fletchers    
  • Gadsby Wicks    
  • Hempsons    
  • Hill Dickinson    
  • Irwin Mitchell    
  • Kennedys Law    
  • Leigh Day    
  • Penningtons Manches Cooper    
  • Simpson Millar    
  • Slater & Gordon UK    
  • Stewarts Law    
  • Switalskis Solicitors    
  • Thompsons    
  • Weightmans    
  •