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18 June 2026

Minister challenged on bereavement damages position

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A justice minister has been urged not to allow any more bereaved people to be subject to an outdated compensation law.

APIL immediate past president Matthew Tuff wrote to justice minister Sarah Sackman KC this week after the minister defended the current law on statutory bereavement damages in England and Wales.

In response to a parliamentary question asked by Liberal Democrat MP Gideon Amos, Ms Sackman said that the current law “represents a reasonable, proportionate and practical approach”.

The language used by Ms Sackman was identical to that used by justice ministers in the Conservative Government, and is a complete contradiction to the position taken by the Labour Party while it was in opposition.

Previously, Labour’s shadow justice team, led by current justice secretary David Lammy, gave its support for reform of the law.

In June 2020, Peter Kyle, then a shadow justice minister, told the House of Commons of Labour’s support for a “wider review of bereavement damages”, while a few months later then-Shadow Attorney General Lord Falconer of Thoroton called the Fatal Accidents Act 1976 an “archaic piece of legislation” during a parliamentary debate.

A year later, in August 2021, Anna McMorrin MP, who succeeded Peter Kyle as a shadow justice minister, took to social media to say “bereavement damages awarded to families are woefully outdated”.

In a letter to Matthew last year, Ms Sackman also revealed that she would consider APIL’s request for a wide-ranging review of the law of bereavement damages as the Ministry of Justice’s civil justice programme progresses.

In his letter this week, Matthew has asked the minister whether it is still her intention to consider a review, and for clarification on the timing for this consideration.

Keep reading Weekly News for updates.

Get ready for next week

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APIL’s Severe Injury Help Hub will step into the spotlight during next week’s Injury Awareness Week (22-26 June).

The online directory of insight and resources for injured people and their families aligns neatly with the theme for this year’s Injury Awareness Week - the ‘ripple effect’ of injuries.

“A lifelong, life-changing injury is not a solo experience. Even for those who will recover fully, the hardship and disruption still spill over,” explained APIL president Guy Forster in a blog published ahead of the event.  

“A partner might have to reduce their working hours for a time, friends will pick up the childcare, colleagues will mobilise, and grandparents will relocate to be nearer so that they can provide hands-on support,” he said.

The Severe Injury Help Hub addresses potential questions and concerns from loved ones who might turn to the internet for answers. Headings include “How do we pay the mortgage or rent while my partner is not earning?”, “I'm struggling to cope as a carer”, and “I'm worried about how my children are coping”.

Guy explains the ethos and origins of the Severe Injury Help Hub in the latest blog. Members are encouraged to share the blog this week, in preparation for next week’s event. Find it on LinkedIn here.

Social media posts to highlight the Hub - which also directs people to APIL accredited lawyers - will be published next week along with lots of other content about the impact of injuries.

Support Injury Awareness Week by liking and sharing APIL’s content on XInstagram, Bluesky and LinkedIn, as well as the dedicated Injury Awareness Week Facebook page.

We look forward to seeing members’ posts for Injury Awareness Week too. If you don’t have time to create your own Injury Awareness Week content, don’t worry. You can request a ‘pack’ of ready-made content by emailing [email protected].

Don’t forget to use the hashtag #IAWeek2026.

APIL raises concerns about JXX medical reports fall-out

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APIL has had further useful discussions with the Ministry of Justice (MoJ) this week on medical reporting organisation (MRO) fees and the potential consequences of the judgment in JXX v Archibald.

In JXX, Senior Costs Judge Rowley held that the recoverable mark-up charged by MROs on expert reports should be capped at 25 per cent, with any further percentage mark-up not being recoverable.

APIL raised concerns about the impact of claimants, experts and solicitor firms covering any shortfall between the costs charged and the amount that is recoverable.

Both sides in the JXX case are appealing the decision. APIL will continue dialogue with the MoJ on how the judgment is affecting claimants and firms, following the pending appeal.

Rebuilding Shattered Lives hits the headlines

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The mum who appears in APIL’s latest Rebuilding Shattered Lives short film has given her first-hand account of avoidable birth injury to readers of north east England’s largest daily newspaper.

Kayleigh Cockburn, 38, who lives in Northumberland, appears in Charlie’s Story alongside her son who has cerebral palsy. She explains the importance of having access to the law on negligence to ensure victims can receive the compensation they need.

Charlie, now aged 11, has cerebral palsy affecting all four limbs after a catalogue of errors meant he was starved of oxygen at birth, and will require care for the rest of his life.

Kayleigh told the Newcastle Chronicle in a long-form feature published this week: “This shouldn't have been the life that Charlie was given. He was a healthy baby, there were no issues and, because of their mistakes, this is what it's come to.”

The Chronicle’s website receives around 206,000 visits from readers each day.

Charlie’s Story, which APIL members are encouraged to share on to theirs and their firm’s social media platforms, has so far been viewed 3.3 million times. Find the film on  LinkedInXInstagram, and the dedicated Rebuilding Shattered Lives Facebook page. It can also be embedded to web pages from Vimeo and YouTube.

Appeal for help with asbestos case

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An APIL member has issued an appeal for help with a case involving a claimant who died from mesothelioma before they was instructed.

The member has limited information about the claimant's exposure to asbestos and needs additional evidence to proceed the claim.

Requests for information have been issued in the press but so far nothing has been received. The man worked in Barrow-in Furness and then in Wocestershire in the 1960s and 1970s. He was employed by a firm which manufactured furnaces, and his jobs involved servicing and repairing furnaces that contain asbestos-lagged pipes. Click here to read more, or if you can help

To help other members, click on the links below. To add a post to the members' forum, click here.

www.apil.org.uk Please email feedback to: [email protected]