If you've searched for help with a possible medical negligence claim, you've probably seen both solicitors and claims management companies advertising. They are not the same thing, and the difference matters for how your claim is actually run — not just who you speak to first.
Nothing here is legal advice. It's a plain explanation of a regulatory distinction that's often blurred in advertising, so you know what you're actually choosing between.
What is a claims management company?
A claims management company (CMC) is a business that helps people bring claims — historically PPI, and now commonly personal injury and other consumer claims — without being a law firm itself. Since 1 April 2019, CMCs operating in England and Wales have been regulated by the Financial Conduct Authority (FCA), having previously sat under a separate, lighter-touch regime.
Critically, FCA authorisation as a CMC does not authorise a business to conduct litigation, issue court proceedings, or give legal advice on the merits of a case. For anything beyond initial triage, a CMC's actual function in a clinical negligence claim is to identify a solicitor firm and pass your enquiry to them — the solicitor firm then does the legal work.
What is a solicitor, and how is that different?
A solicitor practising in England and Wales is individually admitted and regulated by the Solicitors Regulation Authority (SRA). To conduct litigation — including running a medical negligence claim through the Pre-Action Protocol, instructing expert witnesses, and issuing court proceedings if needed — a firm must be authorised by the SRA (or another approved regulator) and carry mandatory professional indemnity insurance to protect clients if something goes wrong.
Solicitors are also personally bound by the SRA Code of Conduct, which sets specific duties around competence, client care, and acting in your best interests. This is a different, and more directly applicable, form of accountability than FCA regulation of a CMC's marketing conduct.
Why does this distinction matter for a medical negligence claim specifically?
Clinical negligence is a specialist, technically demanding area of law. It requires independent medical expert evidence, a detailed understanding of the Pre-Action Protocol for the Resolution of Clinical Disputes, and experience negotiating with NHS Resolution or medical defence organisations. A CMC does not do any of this — it cannot, because it isn't authorised to conduct litigation.
So when a CMC "handles" a clinical negligence enquiry, what actually happens is: you give your details to the CMC, and the CMC passes them to a solicitor firm on its panel. The solicitor firm then does the actual work — the same work they'd do if you'd contacted them directly.
Does going through a CMC cost you anything extra?
It can add friction without adding value. Every intermediary step between you and the solicitor who will actually run your case is a step where information can be delayed, simplified, or lost — and it's one more party involved before your enquiry reaches someone who can actually assess it. For a claim with a strict three-year time limit, that delay is not nothing.
There is no service a CMC provides for a clinical negligence enquiry that a specialist solicitor firm doesn't already provide by taking your enquiry directly: an initial assessment, an explanation of funding (usually a Conditional Fee Agreement), and — if there's a case — instructing the medical experts needed to prove it.
Solicitor vs claims management company, at a glance
| Solicitor firm | Claims management company | |
|---|---|---|
| Regulator | Solicitors Regulation Authority (SRA) | Financial Conduct Authority (FCA) |
| Can conduct your litigation? | Yes | No — must refer you to a solicitor |
| Can give legal advice on your case? | Yes | No |
| Professional indemnity insurance required? | Yes, mandatory | Not to the same standard |
| Who actually investigates your claim? | The firm you instruct | A solicitor firm on its panel — not the CMC itself |
| Extra step before reaching who runs your case? | No | Yes |
How do you find a genuine clinical negligence specialist?
Two accreditations are worth checking for, whether you're approaching a firm directly or have been referred to one:
- Law Society Clinical Negligence Accreditation — awarded to solicitors who've demonstrated specific expertise in this area, not personal injury generally.
- AvMA (Action against Medical Accidents) panel membership — AvMA is a patient-safety charity that maintains its own referral panel of solicitors it has vetted for clinical negligence work.
A firm's SRA registration is checkable directly on the SRA's register, and the Law Society's Find a Solicitor directory lets you filter by Clinical Negligence accreditation.
Should you go direct to a solicitor instead?
If you believe you may have a medical negligence claim, there's a straightforward argument for approaching a specialist solicitor directly rather than through a CMC: you reach the people who will actually investigate and run your case sooner, with no intermediary in between.
Edward & Amaury Solicitors is regulated by the SRA (no. 800525) and handles medical negligence enquiries directly. If what happened to you sounds like it might meet the legal tests for a claim, use the free eligibility checker or get in touch to describe what happened — there's no obligation, and no CMC in the middle.
Frequently asked questions
Is it illegal for a claims management company to handle a medical negligence enquiry?
No. CMCs are lawfully regulated by the FCA and can lawfully take and pass on enquiries. What they cannot lawfully do is conduct the litigation itself or give legal advice on your case — that legal work has to be done by an SRA-regulated solicitor either way.
Will a solicitor charge me more if I come to them directly instead of through a CMC?
No — a solicitor's fees and funding terms (typically a Conditional Fee Agreement with the statutory 25% success-fee cap) are the same regardless of how you reached them. Going direct simply removes the intermediary step; it doesn't change the underlying pricing structure.
How do I check if a firm is genuinely SRA-regulated?
Search the firm's name on the SRA's public register, which lists every regulated solicitor and firm along with their SRA number and any regulatory history.