APIL challenges new injury payment rules

The Association of Personal Injury Lawyers (APIL) has launched a judicial review against the Lord Chancellor. The group are contesting several aspects of new regulations which are set to extend fixed recoverable costs in personal injury cases. 

This move follows APIL’s recent endorsement of a government consultation, which hinted at potential revisions to certain aspects of the rules. Nonetheless, the regulations are set to be enforced on 1 October. The consultant will close on 8 September. 

APIL’s challenge encompasses four main grounds: firstly, around clinical negligence claims, including failure properly to consult on the new rules and a lack of clarity about when fixed costs might be applied. APIL argues that this uncertainty might discourage solicitors from handling such cases. 

Secondly, provisions impacting vulnerable individuals are under scrutiny. Despite recent legal developments allowing cost recovery, solicitors might still shoulder some additional expenses tied to representing these individuals. I n a press statement, APIL said that the organisation “fears that the government has underestimated the impact of the new rules on vulnerable people and that the provisions will interfere with their access to the courts.” 

Criticism has also been aimed at the exclusion of fixed recoverable costs for representation at inquests and the restoration of companies to the Companies Register. APIL argues that while the government acknowledged the need for changes, they haven’t been integrated into the forthcoming October regulations. 

Lastly, APIL questions a seeming deviation from Court of Appeal case law, enabling parties to bypass fixed costs in favour of detailed cost assessment in settlement disputes. This shift raises concerns about contractual freedom. 

The judicial review was instigated within the three-month window after the rules’ publication, adhering to limitation rules. A concurrent government consultation related to APIL’s claim led to an agreement to temporarily suspend the review until the government responds. APIL will continue to attempt to engage with the Ministry of Justice and try to help address the serious concerns and consequences of what will happen when the new rules come into force on 1 October.

APIL said: “[We] will continue to attempt to engage with the Ministry of Justice and try to help address the serious concerns and consequences of what will happen when the new rules come into force on 1 October.” 

Image: Canva 

Josie Miller Josie is an editor for Claims Media. She welcomes feedback, comments, and opinion at josie.miller@barkerbrooks.co.uk