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29 August 2023
Issue: 8038 / Categories: Legal News , Costs , Procedure & practice , Personal injury , Clinical negligence
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APIL issues judicial challenge over fixed recoverable costs

The Association of Personal Injury Lawyers (APIL) issued judicial review proceedings last week against the Lord Chancellor over new rules to extend fixed recoverable costs.

APIL contends the government failed properly to consult on the new rules, due to come in on 1 October. It argues the rules lack clarity about when fixed costs might apply—the rules say clinical negligence claims valued between £25,000 and £100,000 should move to the intermediate track ‘if both breach of duty and causation have been admitted’, but do not specify at what stage those admissions must be made. If made late, a solicitor will not recoup enough to make the work viable, deterring them from taking on cases within this value bracket.

APIL’s challenge also covers provisions relating to vulnerable people, the exclusion of inquests, the restoration of companies to the Companies Register from the regime, and whether the rules infringe freedom of contract.

MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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