21

Claimant legal fees for clinical negligence have significantly increased as a proportion of total.

Conclusion
Claimant legal fees have increased in real terms from £148 million in 2006–07 (in 2024–25 prices) to £538 million in 2024–25 and now represent 15% of all settled costs. During the same period, NHS’s legal costs increased in real terms from £76 million to £159 million, but fell as a share of total settled costs (from 7% to 4%).52 NHS Resolution told us it had broadly kept the increase in defence costs level with inflation by using fixed and capped rates for its external legal support.53 It also claimed to have saved over £138 million in 2024 by challenging the bills presented by claimant lawyers.54
Government Response

A response document is linked to this report, dated 7 April 2026. Response attribution to this conclusion has not been verified. Read the response document.

Addressee Bodies
HM Treasury
Timeline
Recommendation age 0.6 yr
Report published 30 Jan 2026