APIL Personal Injury


Issue 48 (June 2018) includes:

Division A (Law and Liability) — Section A1 (General Principles: Providing for Injury Victims) has been updated by editor David Marshall and provides new case-law. Sections A5 (Occupiers' Liability) and A13 (Children) have also been updated.

Division D (Funding) — updated by editor David Marshall. Sections D1 (The Retainer), D3 (Conditional Fee Agreements), D5A (Qualified One-Way Cost Shifting ('QOCS')) and D6 (Contingency Fees) have been updated.

Division E (Costs) — updated by editor David Marshall. Sections E2 (File Notes), E5 (Principles of Costs Recovery), E6 (Estimates, Budgets and Caps), E7 (Fixed Recoverable Costs), E8 (Payments on Account of Costs), E9 (Assessments) and E10 (Charging the Client) have been updated. Section E2 looks at the new coding to be used on electronic bills of cost.

Division F (Running the Case) — the following sections have been updated by editor Frances McCarthy: Sections F1 (Procedures), F3 (Urgent Action), F6 (Pre-Action Protocols), F9 (Pre-issue Settlement) and F23 (Fraudulent and Exaggerated Claims). Section F6 contains new text on failure to follow the Protocol and on the new Protocol of May 2018. Section F23 contains guidance from new case-law on findings of fundamental dishonesty.

Division H (Statutory Materials) — takes account of recent changes to statutes, statutory instruments and the Civil Procedure Rules.


 David Marshall Author
 Frances McCarthy Author