APIL has a strong history of lobbying on legislation going through the different parliaments across the UK and responding to different calls for evidence from parliamentary committees. You can find out more about our recent work below:
Judicial Review and Courts Act 2022
Damages (Return on Investment) Act (Northern Ireland) 2022
Overseas Operations (Service Personnel and Veterans) Act 2021
The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021
House of Commons Public Accounts Committee inquiry – protecting consumers from unsafe products – launched June 2021
House of Commons Health and Social Care Committee inquiry – safety of maternity services in England – launched July 2020
Civil Liability Act 2018
The Judicial Review and Courts Act 2022 was a missed opportunity to support bereaved families. APIL had urged the Government to use the Bill to implement the recent recommendations from numerous organisations and inquiries for legal aid for bereaved people at inquests where public authorities are legally represented. The Government rejected these calls. APIL also called for safeguards to be added to the coroner reforms in chapter four of part two of the Act to ensure bereaved families are not denied the answers they need after a death of a loved one. The safeguards were rejected by the Government.
APIL's parliamentary briefing for House of Commons second reading
APIL's parliamentary briefing for House of Commons committee stage
APIL's parliamentary briefing for House of Commons report stage
APIL's parliamentary briefing for House of Lords second reading
APIL's parliamentary briefing for House of Lords committee stage
APIL's parliamentary briefing for House of Lords report stage
APIL's parliamentary briefing for consideration of Lords amendments
If an injured person is given a lump sum payment, he is expected to invest that sum to ensure it lasts for the rest of his life. The lump sum compensation is reduced (‘discounted’) to reflect the rate of return on such investments, to ensure the injured person does not make a profit from his compensation. The purpose of the discount rate is to ensure that compensation does what it is required to do: return the injured person to the position in which he would have been, if it were not for the injury. No more, no less.
The Damages (Return on Investment) Act (Northern Ireland) 2022 changed how the discount rate is calculated in Northern Ireland. Before the legislation came into force, injured people were assumed to be very risk averse “or risk free” investors, and this should not have changed. They now need to take some risk with their compensation.
APIL’s briefing to assembly members on the Damages (Return on Investment) Bill
APIL’s written evidence on the Bill to the Northern Ireland Assembly’s Committee for Justice
Transcript of oral evidence provided by APIL executive committee member Oonagh McClure to the committee – 10 June 2021
The Overseas Operations (Service Personnel and Veterans) Act 2021 introduced a six-year civil litigation longstop. The longstop applies to claims made for personal injury and death caused by negligence during overseas operations, as well as claims made under the Human Rights Act 1998.
The only apparent rationale for this longstop is that personal injury claims against the Ministry of Defence (MoD) are brought late, and the restriction "would be beneficial to Armed Forces personnel and veterans". This is an extraordinary claim by the Government, which provided no real evidence or examples on how personnel and veterans will benefit from the longstop. Only the MoD will benefit, as it will escape responsibility for some of those who are injured through its own negligence.
Transcript of oral evidence provided by Ahmed Al-Nahhas, secretary of the APIL military special interest group, to the Public Bill Committee – Tuesday 6 October 2020
A letter from Ahmed Al-Nahhas, secretary of the APIL military special interest group, to the Public Bill Committee
The Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 introduced a redress scheme for some survivors of child abuse in Scotland. Survivors of child abuse in care will be able to apply for a fixed redress payment of £10,000, or an individually assessed redress payment depending on their circumstances. The Scottish Government will seek financial contributions to the scheme from those organisations involved in the care of children at the time they were abused. To accept a payment, however, survivors will be required to sign a waiver which will prevent them from pursuing a separate civil claim against those organisations which make financial contributions to the scheme.
To ask survivors of child abuse to waive their legal right to a claim for compensation is contrary to the Scottish Government's declared policy objective of increased support for survivors.
APIL’s written evidence to the Education and Skills Committee of the Scottish Parliament
Transcript of oral evidence provided by APIL representative Kim Leslie to the committee – 7 October 2020
APIL’s parliamentary briefing for the stage 3 debate in the Scottish Parliament
In June 2021 the House of Commons Public Accounts Committee launched a call for evidence on protecting consumers from unsafe products. All consumers must have a right to buy a product which they can be satisfied is safe. When something does go wrong, APIL members support those who have been injured by unsafe products. We would, of course, prefer for no one to be injured, but there are failings within our safety regime which leave consumers vulnerable to faulty products which can cause harm. In our response, we made a number of recommendations to protect consumers from unsafe products.
APIL's written evidence to the committee
Public Accounts Committee report – protecting consumers from unsafe products
UK Government response to the committee’s report
In July 2020 the House of Commons Health and Social Care Select Committee launched an inquiry into the safety of maternity services in England. The committee asked for views on 'the contribution of clinical negligence and litigation processes to maternity safety, and what changes could be made to clinical negligence and litigation processes to improve the safety of maternity services'.
Litigation is a product of poor safety standards. It highlights failures within maternity services and provides learning opportunities, but only the NHS has the ability to learn from its mistakes. APIL recommended the establishment of an NHS learning and improvement database, where the public will be able to monitor what recommendations and learning opportunities have been identified, and whether or not they have been implemented.
APIL’s written evidence to the committee
Health and Social Care Committee report – safety of maternity services in England
The Civil Liability Act 2018 was passed by the UK Parliament in November 2018. The Act introduced a tariff for certain claims for whiplash injuries, and amended how the Personal Injury Discount Rate is set in England and Wales. The changes to whiplash claims came into force in May 2021. We lobbied MPs and peers throughout the legislative journey of the Civil Liability Act.
APIL’s Civil Liability Bill fact checker
APIL’s parliamentary briefing for House of Lords second reading
APIL’s parliamentary briefing for House of Lords report stage
APIL’s parliamentary briefing for House of Lords third reading
APIL’s parliamentary briefing for House of Commons second reading
APIL’s parliamentary briefing for House of Commons committee stage
APIL’s parliamentary briefing for House of Commons report stage
APIL’s parliamentary briefing on The Whiplash Injury Regulations 2021
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