A new rule that allows additional costs to be awarded in fixed costs cases involving vulnerability will be introduced from October.

The new rule provides for the court to consider a claim for costs greater than fixed costs where a party is vulnerable and:

• the vulnerability has required additional work to be undertaken, and;
• the additional work increased costs by 20 per cent.

The Ministry of Justice (MoJ) consulted on the rule in May 2022. According to the Government’s response to the consultation, the new rule will apply to cases falling within the extended fixed costs regime, and those that fall within the existing fixed costs regime in the fast track. The MoJ had initially stated that the rule would only apply to cases falling within the extended regime.

APIL welcomes the rule, and the recognition that cases involving vulnerability have the potential to attract additional costs. But there is a danger that the rule is simply “tokenistic” and will not be used in practice, as potential applicants will not wish to incur penalties if they are unsuccessful.

APIL had called for the rule to be accompanied by broad guidance on the circumstances in which an uplift would be granted, and stated that there should be no costs penalties attached to the application.

APIL also called for recoverable disbursements to cover translator fees, interpreter fees and other special measures required, regardless of whether the vulnerability is a feature of the case itself. The MoJ has stated that there will be no changes to the arrangements for disbursements for vulnerability in fixed recoverable costs cases at this stage, though this will be monitored as the new regime beds in.

The statutory instrument to implement the extension of fixed costs from 1 October, including the new vulnerability provision, can be found here.

APIL’s latest short film, in which a bereaved daughter talks about her ineligibility for bereavement damages after the death of her father, has reached nearly 30,000 people.

Sabiha Ozseker tells viewers that, after her father was killed as a result of clinical negligence, she was not eligible for bereavement damages even though they were very close. The film is part of APIL’s campaign to raise awareness of the archaic law that fails to recognise many bereft relatives when their loved ones die because of negligence.

The video was shared on APIL’s social media channels. The response has been encouraging, with members of the public following APIL’s social media, offering comments of support, and sharing it to their own news feeds.

Many members have already shared the video on social media, and those wishing to join their colleagues can find it on Twitter, Instagram, LinkedIn and Vimeo.

Members can support the cause further by contacting their MPs about the need for reform. Please contact Sam Ellis, APIL’s public affairs manager at [email protected], who will send you everything you need so that it is quick and easy to draft a personal letter to your MP.

June marks the start of Pride Month 2023, and APIL will share inspiring stories from LGBTQ+ members to celebrate diversity in the legal sector.

“I have strived to create the best place for our staff to work, where they can be themselves, and so do their best work. A diverse workforce connects better with our clients who all have diverse backgrounds too,” said APIL member, and founding member of the Law Society’s LGBTQ+ Solicitor’s Network, Jonathan Wheeler (pictured).

“It’s so important for us seniors to promote equality and tell our stories. By doing so we can pave the way for the next generation, and help usher in an even more inclusive profession than the one we joined.”

Members can read more from Jonathan as part of the Harness Voices initiative here. More moving stories will be published throughout the month. Members can also keep their eyes on APIL’s Twitter, LinkedIn, and Instagram for more content.

APIL staff members will also receive training from Notts LGBT+ network, a local charity that supports the LGBTQ+ community, as part of the commitment to encourage inclusion and drive excellence in representing diversity.

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