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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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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