Mounting defence times and rising liabilities are delaying access to justice for claimants in clinical negligence cases, with new figures showing record costs and unresolved claims.
Law firm Veritas Solicitors, which specialises in clinical negligence, says it is now routine for defendants to take up to nine months filing defences – described as a “record high” by the firm’s lawyers.
Delays are mounting, they say, despite procedural rules allowing around six weeks, leaving claimants waiting months for cases to progress.
Claimant legal costs in clinical negligence cases have also reached their highest level on record, with NHS Resolution figures showing costs surpassed £600 million last year for the first time, while the average time from notification to settlement remained at around 1.7 years – raising concerns about ongoing delays within the system.
Clinical negligence liabilities have now surpassed £60 billion, highlighting how delays at the defence stage are prolonging justice and driving up costs for both claimants and the NHS.
Amina Ali, Partner and Head of Clinical Negligence at Veritas Solicitors, said: “Increasing delays in cases being resolved have significant consequences for claimants, and are mainly due to the lack of proactivity on the part of defendants.
“People face delayed access to justice, postponed compensation, and increased stress, at a time when many are seeking much-needed closure after going through terrible ordeals.
“For some clients who are unable to work due to negligence or have been left out of pocket, it delays recovery of their compensation.”
Most claims are resolved before reaching court, but more complex cases are increasingly held up at the defence stage, with NHS Resolution data showing 1,099 more clinical negligence claims were notified than settled last year, adding to the growing backlog.
“Defence extensions cannot be the norm, as it undermines access to justice,” Amina added.
“Without stricter oversight from the courts in cracking down on defendants seeking endless extensions, these delays are likely to continue into 2026, increasing the need for experienced legal representation.
“Improving early engagement from the defendant and a more disciplined approach in allowing defence extensions would make a significant difference in ensuring people can access justice without avoidable delay.”
The Manchester-based firm says defence delays are particularly frustrating for clients, as delays in litigation are already long due to a lack of court resources.
Currently, the Civil Procedure Rules 1998 allow defendants around six weeks to file a defence, with an extension beyond this requiring permission from the court.
The objective of the rules is to ensure cases are dealt with fairly and at proportionate cost, but as NHS legal costs increased by 7% to £181.3 million, prolonged defence delays risk undermining that objective.
As clinical negligence litigation becomes more complex and time-consuming, delays in filing defences are a defining factor in whether the system can deliver timely justice.
