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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: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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