header-logo header-logo

29 August 2023
Issue: 8038 / Categories: Legal News , Costs , Procedure & practice , Personal injury , Clinical negligence
printer mail-detail

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll