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APIL's judicial review secures victories for victims of negligence

APIL's judicial review secures victories for victims of negligence


Government concessions in fixed recoverable costs case hailed as victory for injured individuals by APIL

The Association of Personal Injury Lawyers (APIL) has withdrawn its judicial review proceedings against the Lord Chancellor following government concessions on the extension of fixed recoverable costs (FRCs) in personal injury cases.

APIL President Jonathan Scarsbrook emphasised the gravity of the decision, stating, "Issuing proceedings against the Government is never something APIL undertakes lightly." He explained that concerns over the lack of clarity regarding the application of FRCs, especially in clinical negligence cases, prompted the legal action.

The outcome of the consultation that ensued after the judicial review alleviated many of APIL's concerns. Amendments to the rules, set to take effect next month, will ensure costs for inquests and restoring companies to the Companies Register. Additionally, in clinical negligence claims, FRCs will only apply on the new intermediate track if liability is fully admitted in the defendant's formal response to the letter of claim.

Moreover, the Government clarified that it does not intend to reverse current case law allowing parties to contract out of FRCs in settlement agreements, preserving the option for detailed assessment of costs.

APIL's legal challenge prompted the Government's commitment to conduct a formal consultation on the impact of the rules on vulnerable parties by October 2026. Jonathan Scarsbrook emphasised vigilance in monitoring this issue and intervening if necessary.

Jonathan Scarsbrook expressed gratitude for members' ongoing support, affirming confidence that the action has delivered the right outcome for injured individuals and supporting solicitors, ultimately aiding in rebuilding lives affected by negligence.

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