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7 December 2023

Government to consider legal aid for some bereaved families

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A consultation on expanding the provision of legal aid for some, but not all, bereaved families at inquests has been promised by the Government.

The announcement yesterday (Wednesday) came in the Government’s long-awaited response to recommendations made in 2017 by Bishop James Jones, who was tasked with examining the experiences of the families whose loved ones were killed in the Hillsborough Stadium disaster.  He recommended that bereaved families should have publicly-funded legal representation for inquests at which public bodies are legally represented.

APIL has called for families to have representation funded by the public purse for many years and is not alone. In 2021, the House of Commons Justice Select Committee made the same recommendation as Bishop James Jones, and many charities and support groups which work directly with bereaved families have campaigned for change.

The Government does not appear to be going quite as far as the recommendation. This week it said it “will consult on expanding the provision of legal aid for inquests following public disasters where the IPA (Independent Public Advocate) is deployed, and in the aftermath of a terrorist incident”. But it did also say it will seek to find out about the experiences of bereaved families at “other inquests” where the State is represented.

There is no news at the time of writing on when the consultation will launch. Keep reading Weekly News for updates.

The Government’s response to the full raft of recommendations made by Bishop James Jones can be found here.

New APIL research reveals broken system failing victims of crime

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Victims of crime are failed by a broken compensation system, with just three per cent going on to receive compensation from the Criminal Injuries Compensation Authority (CICA) latest APIL research shows.

The association’s research team has found that approximately 480,000 people are injured as a result of violent crime each year, but in the last financial year just 15,084 applications for criminal injuries compensation were successful.

The research is included in the latest edition of Insight, the quarterly update on APIL’s investigations, which is an exclusive benefit for members.

This latest issue also covers how huge delays are responsible for rising costs in lower-value clinical negligence claims, and looks at the ‘justice gap’ facing workplace injury victims.

Insight was sent to all members on Tuesday (5 December) morning this week. It can also be found in the members' area of the APIL website.

One month to go until the APIL officer nominations open

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The nominations for officer vacancies will open on Tuesday 9 January.

There will be four vacancies for officer positions on the executive committee.  The terms of office which expire at the next annual general meeting (AGM) are for the following positions:

  • President (one-year term)
  • Two vice president roles (two-year term)
  • Secretary (two-year term)

Members who are eligible for these positions will receive an email from Mi-Voice on 9 January, with a link to everything needed to stand for election. Nominations will be open until 5pm on Tuesday 6 February.

If you have any questions about the positions or the process, contact APIL’s corporate governance manager Jenni Scothern at [email protected].

Third party disclosure issues

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Ongoing issues relating to third party disclosure are on APIL’s radar. In order to inform the association’s work in this area, we are gathering evidence on the extent of the problems and the effects that these difficulties are having on claimants and their ability to seek damages.

Any members who have difficulties in obtaining disclosure from, for example, the Employers’ Liability Tracing Office, hospitals, GP practices, the Health and Safety Executive or any other emanations of the state, should send details to Alice Taylor, APIL’s legal policy manager, at [email protected].

Guideline Hourly Rates increases

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New Guideline Hourly Rates, which will apply from January 2024, have been published. The 2021 Guideline Hourly Rates have been uprated for inflation, and the new rates will be uplifted annually in line with the Services Producer Price Index (SPPI).

Following recommendations from the Civil Justice Council civil costs review, a small working group will also be established to examine the methodology underpinning Guideline Hourly Rates. 

New additions to the expert database

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Three new experts have joined APIL expert database. They are: Matthias Erdmann, consultant plastic and reconstructive surgeon, Durham; Michael (Mike) Hopwood, principal associate, Cheadle; and Adam Whatley, osteopath and musculoskeletal medicine, Henley-in-Arden.

To find experts on the APIL expert database you can log onto the APIL website here http://www.apil.org.uk/find-an-expert or telephone Jacqui Newman, APIL’s experts and public enquiries officer on 01159 435437, who can assist.

Members who know of experts who could be an asset to the database should ask them to get in touch with Jacqui and help to enrich the range of experts available through the database.

Online conversations this week

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