DDU calls for fixed legal fees in dental negligence claims

The Dental Defence Union (DDU) has recommended that the government introduce mandatory fixed limits on legal fees charged by lawyers in dental negligence claims.

Responding to a Department of Health consultation on fixed legal fees, the union also urged the government to broaden the scope of its proposed scheme, specifically in terms of raising the low limit on the cases the fee cap will apply to.

The DDU is keen to mitigate the impact of an adverse compensation culture on dental professionals, specifically in terms of the burden posed by disproportionate and often unaffordable legal costs.

It noted that for many lower-value claims, the fees claimed by lawyers are above the level of damages awarded. As such, it believes the caps – which are currently only set to apply to claims between 1,000 and 25,000 pounds – should instead be applied to all claims settled up to 250,000 pounds.

John Makin, head of the DDU, said: "Fixed legal costs are only part of the solution to address the adverse compensation environment which is so badly affecting our members' ability to afford indemnity. In the longer term, root and branch reform is needed of personal injury law."

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