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38 Performance analysis
Figure 8:
16,484 clinical and non-clinical claims were settled in 2021/22 compared with 15,712 in 2020/21
with an increasing percentage settled without proceedings1
10,000
8,000
6.000
4.000
2.000
fO
No proceedings No proceedings Proceedings Proceedings Trial Trial
2021/22 2020/21 2020/21 2021/22 2020/21 2021/22
| Damages | | No damages
A total of 12,623 claims were settled without proceedings in 2021/22 (compared with 11,738 in 2020/21).
This reflects an ongoing improvement in our litigation rate over the medium-term, settling more claims before
formal court proceedings are required, based on our deployment of dispute resolution techniques, such as
mediation and more collaboration with claimant lawyers. This has been achieved without compromising
the rigour of our investigation of eligibility for compensation. Indeed, for clinical claims, the percentage
of claims that have resolved without damages being paid has increased from 43.7% (2020/21) to 48.5%
(2021/22). This includes claims managed under our CNSGP and ELSGP schemes, which have different
approaches to the triaging of claims. Excluding those schemes, the percentage of clinical claims that
have resolved without damages being paid has increased from 36% (2020/21) to 41 % (2021/22).
Figure 9:
Litigation rate for clinical claims (2017/18 to 2021/22)
2017/18
2018/19
2019/20
2020/21
2021/22
| | Proportion of claims settled without court proceedings
| Proportion of claims settled after court proceedings start
The number of claims with and without proceedings will differ from those reported in 2020/21
as we have retrospectively incorporated historical claims received under our ELSGP.
