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NHS Resolution Annual report and accounts 2021/22 45

Figure 14:
Average of claimant costs paid on claims where damages are between £1 and £100,000 for claims closed in
the financial years from 2007/08 to 2021/22 for all clinical negligence schemes1

Closure year -O - Damages £0 - £25,000 Damages £25,001 - £100,000

Across all claims settled, there was a steady increase over previous years in average claimant legal costs for claims
involving damages up to £25,000; there was also an increase over the past year of claimant legal costs for claims
involving damages between £25,001 and £100,000. These average costs were, respectively, £23,250 in 2021/22
(£21,609) and £52,953 (£48,361).
The increase in average claimant legal costs for cases where damages settled between £25,001 and £100,000
has been affected by a reduction in the number of cases that settled without the requirement to pay claimant
costs (12 cases in 2021/22 compared to 24 in the previous year). These were typically property damages expense
claims. Average damages paid have increased slightly between 2020/21 and 2021/22. This may reflect an
increase in the complexity of cases settled during the financial year, driving an increase in claimant legal costs.

Figure 15:
Average of claimant costs paid on claims where damages are between £1 and £100,000 for claims closed
in the financial years from 2007/08 to 2021/22 for all non-clinical negligence schemes

Closure year -O - Damages £0 - £25,000 # Damages £25,001 - £100,000

For non-clinical claims involving damages up to £25,000, average claimant costs reduced over the long term (£8,351 in 2013/14)
to £5,961 in 2021/22. This reflects the impact of a fixed payments schedule for these claims that was introduced in 2013.

There has been a restatement of the data for 2020/21 with the small number of claims closing that
had not been reflected last year so the stated average has changed slightly.