A powerful short film about how the law on personal injury is vital in helping victims of negligence get their lives back on track has won a major industry award for APIL.

Called Victoria’s Story, the film was produced for the Rebuilding Shattered Lives campaign, which is dedicated to putting injured victims of negligence at the heart of policymaking.

At a ceremony held in London, it was announced the film had won gold in the best blog, podcast or video category at the Association Excellence Awards 2023.

The piece tells the true story of APIL executive committee member Victoria Lebrec, who had to have her leg amputated after an horrific road crash that was not her fault.

“Rebuilding Shattered Lives is about ensuring the needs of people who are injured due to someone else’s negligence are held paramount when the Government devises policies,” explained APIL chief executive Mike Benner.

“A win like this for Rebuilding Shattered Lives is a significant step forward.

“This campaign is for the whole sector and the injured people it serves. If you are a victim of negligence, you should be able to rely on the law for the help you need,” he added.

Read more about the award here.

Watch Victoria’s Story here.

For further updates on APIL campaigns, a free Headline News webinar which is exclusive to members is coming up on Wednesday, 15 November. Members will also receive one hour of CPD for watching. For more details and to book a place, click here.

New regulations are needed to protect consumers from unsafe goods bought online, APIL has warned as shoppers get ready for Christmas.

APIL has called for the Government to clamp down on online marketplaces when unsafe goods or products, which do not comply with safety standards in the UK, are sold to unwitting customers. The association has responded to a review being carried out by the Government’s Office of Product Safety & Standards.

“We want the Government to give customers statutory rights by introducing ‘joint and several liability’ laws which would make online market places equally liable, along with the manufacturers of products, for items sold on their sites when something goes wrong,” said APIL executive committee member Pauline Roberts in a press release.

“As we head into the countdown to Christmas, billions of pounds will be spent by families on presents for loved ones. They should be able to shop online and know the item they have bought is fit for purpose, and there won’t be disappointment - or worse an injury - on 25 December,” she added.

Read the press release here

Injured patients should not have to shoulder the costs of building their cases in the upcoming low-value fixed costs scheme, APIL has told the Department of Health and Social Care (DHSC). 

The association has responded to a DHSC consultation on how disbursements will work in the new low-value fixed recoverable costs scheme for clinical negligence claims, which comes into effect in April. It will affect claims valued between £1,501 and £25,000 in England and Wales.

APIL raised the principle that a wrongdoer should bear the cost of injuring a patient. Injured patients hold the burden of proof and disbursements are key to supporting their claims. It is only right that injured patients are able to recover the costs of making their successful claims, which they would not be bringing were it not for the negligence which caused them harm.

APIL also criticised the speed at which the Government intends to implement the scheme, citing the lack of available detail. It remains unclear, for example, where a case is to go should it exit the protocol, and it is also unknown whether inquest costs are recoverable separately to the scheme.

The association also condemned the blanket exclusion of counsel advice fees, except in claims relating to protected parties and children. It pointed out that a claim’s complexity is not linked directly to its value. APIL also argued for the costs of capacity assessments to be recoverable.

Read about APIL’s full arguments in the paper submitted to the DHSC here.

New legislation on self-driving cars has been tabled in the House of Lords.

The Government promised an Automated Vehicles Bill in its new legislative agenda, which was published on Tuesday (7 November). The Bill was introduced the following day.

In a briefing published by the Government this week, ministers said the Bill will ‘ensure clear legal liability’ by creating ‘new organisations responsible for self-driving’ and protecting ‘users from being unfairly held accountable’ when something goes wrong with a self-driving vehicle.

The Government’s briefing on the Bill is included on pages 21 to 24 of a wider background paper on its new legislative agenda, which can be read here. 

The Bill and its explanatory notes can be found here.

The Government’s Office for Veterans Affairs is consulting on the needs of veterans and their families in a new consultation called “Supporting Our Veterans”.

APIL is preparing its response to chapter four of the consultation, which seeks evidence about veterans’ understanding and awareness of the available financial support and compensation schemes offered by the Government.

In the response, APIL will highlight that information on the website concerning compensation payments is inadequate and could mislead service personnel and veterans. We will argue that the Ministry of Defence and its Veterans UK support service should rethink the wording of the advice to veterans on the Gov.uk website.

The information provided should reflect the fact that the Armed Forces Compensation Scheme (AFCS) is not the only route available for veterans to seek compensation. It should be made clear that veterans have the right to bring a civil compensation claim, as well as applying for an award under the AFCS.

Members who would like to share their views should contact Ana Ramos, legal affairs assistant, at [email protected] by Wednesday, 15 November.

Members who run military claims should be aware that APIL will hold its specialist military claims conference on Thursday, 29 February 2024. Delegates can attend in person or virtually. For more information and to book a place click here.

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Four new experts joined APIL’s expert database in October.

They are: Mr Simon Barrows, chartered electrical engineer, St Helier, Jersey; Dr Tom Grange, clinical psychologist, London; Mrs Lynn Houghton, occupational therapist, Doncaster; Mr James Moore, consultant urological surgeon.

To find experts on the APIL expert database you can either log onto the APIL website here http://www.apil.org.uk/find-an-expert to search for yourself or phone Jacqui Newman, experts and public enquiries officer on 0115 943 5437, who will be happy to search the database for you.

Do you know a good expert?

New experts are encouraged to join APIL’s database to increase the wealth of choice for personal injury lawyers in need of expert witnesses. Members who know of experts who could be an asset to the database should ask them to get in touch with Jacqui Newman, APIL’s experts and public enquiries officer, at [email protected] or call 0115 943 5437.