Revised Protocol for Clinical Negligence

04 October 2021

Author: Anna Haines-Smyth
Practice Area: Healthcare
Sector: Healthcare


Carson McDowell is delighted to confirm that the Revised Protocol for Clinical Negligence litigation in the High Court and the Experts Practice Direction commenced on 1st October 2021. You can access the documents and associated template letters here.

Roger McMillan, Carson McDowell Managing Partner and member of the Board of the Law Society’s Clinical Negligence Practitioners Group, was involved in drafting a full revision of both documents together with the other board members (Patrick Mullarkey, Mark Harvey and Marysia Kelly). The updated versions, which have been produced are now fit for modern day clinical negligence litigation practice.

Local solicitors received training from Mr Justice McAlinden and the board members of the Clinical Negligence Practitioners Group in early September 2021.

It is hoped that the revised Practice Direction will result in a much more collaborative approach to clinical negligence litigation in Northern Ireland. It should also lead to claims being dealt with before Court Proceedings are issued, as appropriate. Carson McDowell hope that dealing with actions pre-proceedings will alleviate some stress for the medical professionals involved, as they are not named on Court documentation. It is also anticipated that savings ought to be made in terms of legal costs and Court time, if the spirit of the Pre-Action Protocol is adhered to.

Carson McDowell will be sharing further updates in relation to the Protocol, over the course of the next few weeks. If you wish to receive these updates, please contact Anna Haines-Smyth.