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Collaborative protocols, Covid-19 and clinical negligence litigation

doctor looking at scans

By Matthew Best, Senior Underwriting Manager

(Estimated reading time: 1 minute, 37 seconds)

A recent Law Gazette article was published entitled  ‘Covid-19 protocol encourages ‘positive behaviours’ in clinical negligence litigation’ . Having read this article, we asked our Senior Underwriting Manager, Matthew Best for his thoughts on this and Temple Legal Protection’s stance on such litigation.

As I commented in my recent podcast, the idea of suing any of the NHS Trusts for the levels of compensation previously awarded may no longer to be a realistic option. The NHS was created to protect our population; suing it occurs not because people want to, they do so because their lives have changed through negligence.

I absolutely agree with the various organisations representing the different aspects of clinical negligence claims. We must go forward together and behave positively towards each other. The COVID-19 clinical negligence protocol has been agreed, so let’s follow it.

Now is the time for more mediation

If claimants and defendants are collaborating, then why not engage in mediation more? With the NHS already owing in excess of £4.3bn in legal fees, significantly reducing lengthy and costly trials would help greatly. Here at Temple we recognise the importance of mediation and have even included mediation incentives into our ATE insurance products.

From an insurer’s perspective, it is only correct for me to say that we do not know how this will pan out. We have done our own risk assessments on various COVID-19-related scenarios that might end up at a law firm’s door. As you can imagine, there are lots of questions and many scenarios that need to be addressed – and we’re getting on with that now.

Preparing for what might happen – and you can find out too

Temple Legal Protection is teaming up with a well-known barristers’ chambers to identify and get under the skin of the key issues before a potential avalanche of potential claims is received. If you would to know what the findings are, please either call Matthew Best 01483 577804 or send an email to

Matthew Best Cert CII

Head of Personal Injury & Clinical Negligence
Read articles by Matthew Best Cert CII

Matthew Best Cert CII

Matt has an insurance background and joined Temple in 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work. Matthew was promoted to Underwriting Manager and subsequently Senior Underwriting Manager taking on overall responsibility for Temple’s personal injury and clinical negligence underwriting department.

In 2022 Matt joined the board of directors as Director of ATE Partnerships. Matthew has cultivated fantastic relationships with our business partners for many years. His ability to build a clear understanding of their requirements and more importantly what is required to fulfil such requirements means he is ideally placed to support the strategic direction of the company.

Matt remains the head of the personal injury and clinical negligence department and is committed to all Temple’s business partners in order to deliver the highest level of service they expect. He is also responsible in making sure that Temple’s ATE and disbursement funding products remain competitive, but most importantly that they are fit for purpose for solicitors and their clients.


Read articles by Matthew Best Cert CII