A small number of medical malpractice claims do now benefit from fixed costs, these being claims which fall into the intermediate track (broadly, claims where the incident date is on/after 1 October 2023, a full admission of liability is made in the protocol letter of response, and the claim value is up to £100,000). A more comprehensive fixed costs scheme is awaited, which is intended to apply to most pre-action cases valued up to £25,000. Drafting was put on hold during the election. Lord Darzi's recent report on the NHS has commented on the high level of clinical negligence costs, and the political will is probably there still for the introduction of this scheme. Our best estimate is it will apply to cases where a letter of claim is served after April 2025.