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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

Senior Underwriting Manager
Read articles by Matthew Best

Matthew Best

Matt has an insurance background and joined Temple in July 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work.

Matt’s experience allows him to undertake a key role in Temple’s ATE insurance personal injury and clinical negligence teams. He also participates in the assessments of delegated schemes that Temple provide with the objective of helping our customers make the most beneficial and appropriate use of ATE insurance.

He has started studying for this CII exams which he will sit in the near future, which he will then use to develop himself, further into the company in order to provide Temple’s customers with the excellent service they expect.


Read articles by Matthew Best