New pre-action protocol in clinical negligence actions

28-01-2016

Author: Orla Keane and Donogh Crowley



The early resolution of clinical negligence actions will become a real possibility with the introduction of a pre-action protocol.

Recent amendments to the Civil Liability and Courts Act 2004 provide for the introduction of a pre-action protocol in clinical negligence actions. The amendments were made by the Legal Services Regulation Act 2015, which was signed into law on 30 December 2015.

The Civil Liability and Courts Act 2004 now requires the Minister for Justice to make regulations setting out the terms of a pre-action protocol. The intention is that the pre-action protocol will reduce the number of clinical negligence actions that are brought before the courts and will encourage the early resolution of clinical negligence actions where proceedings are instituted.

The relevant amendments will not become operative until the Minister for Justice makes a commencement order.

Read the full briefing here.

 

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