The importance of full and fair compensation cannot be overstated. Victims of negligence need financial support if they are to rebuild their lives. It pays for medical or social care, or loss of earnings if someone is unable to work.
It is essential that as new technology emerges, the law keeps up to ensure that people who are injured when that technology goes wrong can receive appropriate compensation. The Government recognised this when it introduced strict liability in the Automated and Electric Vehicles Act 2018 to make it easier for people who are injured by automated vehicles to claim compensation. This means that someone who is injured by an automated vehicles when it is driving itself will be able to make a claim for compensation against the driver's insurance, and not to pursue a product liability claim against the manufacturer of the vehicle, which can be costly and complex. The provision, however, will only be triggered if the vehicle was "driving itself". The requirement in the 2018 to have to prove that a vehicle was "driving itself" undermines the purpose of the provision, and risks making a legal claim for compensation more complicated. APIL is, therefore, calling for changes in the new Automated Vehicles Bill to improve the strict liability provision.
APIL's briefing for House of Lords second reading APIL's briefing for House of Lords committee stage APIL's briefing for House of Commons committee stage
People who have been injured, made ill, or lost a loved one because of negligence will be at their most vulnerable. They need to be able to rely on the law to help them get their lives back on track. APIL has produced Justice for Victims of Negligence to set out the reforms which can be introduced by the Government to help these people, and why the right to full and fair compensation for victims of negligence must be protected.
Read Justice for Victims of Negligence here.
In October 2023, the House of Commons Justice Select Committee launched an inquiry into the Work of the County Court. The call for evidence included questions about delays in courts, the current state of courts, and the operation of digital services such as the Damages Claims Portal.
In its written evidence to the committee, APIL highlighted the extent of delays within the court, part of which is down the lack of judicial availability. In some courts, the average time it takes for a claim to reach trial is more than two years. APIL's evidence also included information on the ongoing problems with Damages Claims Portal, and the unsuitable condition of some courts.
APIL written evidence to the committee
The final report of the Independent Inquiry into Child Sexual Abuse (IICSA) was published on 20 October 2022. It includes a recommendation to remove the three-year limitation period for claims by survivors of child sexual abuse. IICSA also recommended a consultation on proposals for a new national redress scheme. The Government must now implement the recommendations.
APIL’s briefing on recommendations from the Independent Inquiry into Child Sexual Abuse
APIL members can help us put pressure on the Government to respond to the recommendations by writing to their MP. To get involved, and for help and advice on writing to politicians, please contact Sam Ellis at [email protected] or on 0115 943 5426.
In February 2023, the House of Commons Justice Select Committee launched an inquiry into the whiplash reforms implemented through the Civil Liability Act 2018, and the operation of the Official Injury Claim (OIC) service. The call for evidence included questions about the effect of the reforms on the number of minor personal injury claims, and whether consumers have benefited from the financial savings through lower insurance premiums. In written evidence to the committee, APIL highlighted the growing justice gap caused by the reforms. APIL told the committee that evidence suggests very clearly that the whiplash reform programme has made it less likely that victims of negligence will receive compensation. The committee was also told by APIL that the insurance industry has saved millions of pounds from the reforms, but the average cost of car insurance has increased.
Justice Committee report - Whiplash reform and the Official Injury Claim Service