EWJ June 2024 web - Journal - Page 4
Government Concessions on the
Extension of Fixed Recoverable Costs
FRCs in personal injury cases have prompted APIL to withdraw judicial review proceedings
against the Lord Chancellor.
“Issuing proceedings against the Government is never something APIL, as a not-for-profit campaigning organisation,
undertakes lightly,” said APIL president Jonathan Scarsbrook. “But the rules as originally drafted were potentially so damaging for injured people seeking
redress that we had no choice but to take action.
The Government has also confirmed that it was not
its intention to reverse current case law, which allows
parties to contract out of FRCs when there is a dispute
in settlement agreements, in favour of agreeing that
costs will be subject to detailed assessment.
All these issues formed key parts of APIL’s legal challenge. In response to the final aspect of that challenge,
the Government has committed to carry out a formal
consultation on the impact of the rules on vulnerable
parties by no later than October 2026.
“There was significant concern surrounding a lack of clarity
about when FRCs might be applied to clinical negligence
cases, for example. There was a real risk a solicitor would have
to undertake a great deal of work on a case, only to find at a
late stage that fixed costs are applied which would not cover
the costs of the work undertaken.
“The timeframe for that consultation allows for the gathering of evidence, although we will be vigilant about this issue
in the meantime, and alert to any need to intervene in an ongoing case if necessary and appropriate.
“The outcome of the consultation which followed our judicial
review alleviated this situation, and most of our other concerns,” he continued “and the Government’s subsequent commitment to consult on the impact of the rules surrounding
vulnerable parties is very welcome.”
“We have come a long way and a lot has happened since our
letter before action was sent to the Government on 7 July last
year, and I am grateful for the ongoing support of our members,” said Mr Scarsbrook. “I am confident that the action has
delivered the right outcome for injured people and the solicitors who support them, and will therefore have a positive
impact in terms of rebuilding lives shattered by negligence.”
Amendments to rules due to come into effect next
month now mean that costs will be available for dealing with inquests and for restoring companies to the
Companies Register.
Professor Paul Lee
Orthopaedic Surgeon & Sports Medicine Doctor, Professor of Sports Medicine
MBBch, MFSEM(UK), MSc, PhD, FEBOT, FRCS (T&O)
Professor Lee has undertaken medico-legal reporting since 2017 and started clinical negligence reporting in 2020.
He averages around 60 medico-legal reports a year. These reports are mainly for claimants. Beside standard medical
reports, Professor Lee can provide detailed technical engineering reports for mechanism of injury, motion capture
analysis and computer modelling.
Professor Lee is a consultant Orthopaedic Surgeon and Visiting Professor of Sports Medicine with the School of
Sport and Exercise Science, College of Social Science, University of Lincoln.
Professor Lee specialises in Knee & Hip conditions. He is a double board-certified surgeon with 5 international
fellowships with hip and knee replacements. He has a PhD in Medical Engineering and surgical fellowships in
Orthopaedics Surgery and Regenerative Medicine.
With his involvement in elite sports, Professor Lee has published his results in peer reviewed medical
journals on the treatment of muscle injuries in UK Premiership footballers, which has significantly reduced
their time for recovery and return to play. Working with the London Sports Injury Clinic and MSK Doctors in
Harley Street, London, Professor Lee is an internationally recognised expert in lower limb surgery.
He has published over 60 peer reviewed medical journals, 2 books and many book chapters.
His expertise covers:
• Regenerative and sports surgery
• Knee and hip complex reconstructive arthroplasty surgery
• Lower limb arthroplasty surgery
• Musculoskeletal regenerative medicine
• Non-surgical treatment of arthritis
• Cartilage, ACL, ligament and meniscus injury
MSK Doctors
Tel:
0330 001 0048 - Email: hayley@mskdoctors.com
- Website: www.professorlee.co.uk
London Sports Injury Clinic, London Cartilage Clinic, 108 Harley Street, London, W1G 7ET
Further locations at: Peterborough, Nottingham, Spalding, Grantham and Lincoln.
EXPERT WITNESS JOURNAL
2
JUNE 2024