Understanding Costs Budgeting in High-Value Clinical Negligence Cases: What Parents of Injured Children Need to Know
When your child has suffered a catastrophic brain injury due to medical negligence, your priority is securing the best care and support for their future. However, navigating the legal process can be complex—especially when costs budgeting is involved in high-value cases.
In recent legal decisions, courts have grappled with the challenge of budgeting cases valued at £10m-£40m+, where the full extent of injuries may remain uncertain for years. This can create a significant practical issue: the risk that the costs allowed by the court may not be enough to properly investigate your child’s injuries or secure adequate interim payments.
Two key cases highlight the challenges
1️. CXS v Maidstone & Tunbridge Wells [2023] EWHC 14 (KB)
- The child’s case was valued at £20m-£40m.
- Costs incurred at the interim payment stage were disproportionately high, raising concerns from the defendant about “frontloading” costs for valuation evidence.
2️. PXT v Atere-Roberts [2024] EWHC 1372 (KB)
- The court allowed costs budgeting in a case worth over £10m, where a prognosis might take several years to finalise.
- The court ruled that budgeting could protect the defendant while balancing the child’s need for justice and fair funding.
What This Means for Parents
While these cases highlight ongoing legal uncertainty, it’s important to work with experienced solicitors who can:
- Explain the risks and benefits of costs budgeting in your case.
- Provide strong evidence if your child’s final prognosis will take years to determine.
- Advocate for the funding needed to explore the full extent of your child’s injuries and secure interim payments.
At Hodge Jones & Allen Solicitors, we understand how vital it is to protect your child’s future. If you’d like to learn more, contact our specialist medical negligence experts today on 0330 822 3451 or request a callback.
