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What is incredibly perplexing is how the Department of Health (i.e the Defendant in the majority of Clinical Negligence cases) is able to set the level of costs recoverable by the Claimant/Receiving Party.

Surely this cannot be right or proper? It will allow them to close the door on risk the whole way through a case by setting themselves a maximum background liability. This is concerning when considering the already ferocious nature in which the NHSLA defend such claims.

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