Data obtained by APIL shows victims of crime risk being under-compensated for their injuries to the tune of tens of thousands of pounds if they do not challenge Criminal Injuries Compensation Authority (CICA) payout decisions.

APIL has issued a release to the press based on its analysis of the data which shows there are huge discrepancies between initial offers from the CICA’s Criminal Injuries Compensation Scheme (CICS) and how much victims go on to receive if they appeal.

In the 379 cases which reached appeal in 2022/23, an average of £7,848 was initially offered for each claim. But at appeal, the CICA’s offer in these cases increased to £47,339 – six times more per person, the data shows.

“The CICA tells victims of crime that they do not need to appoint a legal representative to pursue their claim. But these figures clearly suggest that victims are not receiving the compensation to which they are entitled if they don’t have legal assistance,” said APIL vice president Kim Harrison.

Read the full release here

APIL is also considering its response to a consultation on whether CICS hearings should take place in public or private.

The proposed amendment follows comments from the Judicial Office, that the current position is an unjustified departure from the open justice principle.

It is argued the reasons for private hearings, such as fear of reprisals from offenders; the involvement of children; the involvement of sensitive medical evidence; or that the perpetrator has not been prosecuted/convicted, do not justify a default position that hearings should be private. The Judicial Office believes these issues would be better addressed by the imposing of reporting restrictions in necessary cases.

If any members have comments on the proposals, please send these to Alice Taylor, [email protected] by Monday, 6 November, or members can have their say on the APIL website.

APIL chief executive Mike Benner highlights how APIL’s dedicated research team “unearthed some stark results” in relation to the whiplash reforms in his column for the latest issue of Modern Insurance Magazine.

The association gathers and studies data from a broad range of sources on a variety of issues from criminal injury claims, to birth rates, insurance premiums, traffic concentrations, court delays and, in this case, access to justice and injury levels. 

“Comparing the landscape today to how it looked pre-pandemic, the number of people injured in road traffic collisions has increased by 18 per cent, yet the number who claim compensation is down by a quarter,” Mike wrote for the latest issue (page 33).

“Far more people are being injured, yet there are fewer claims. The only explanation lies with the reforms.”

APIL continues to call for insurers to be held to account when the Treasury reports on the benefits of the reforms to consumers.

“The Government believed the insurance industry when it said that the cost of compensating people for injuries made premiums high and that they would go down if the reforms were introduced.  Yet APIL analysis shows that insurance premiums are creeping ever higher,” wrote Mike.

APIL has been invited to comment on new guidance produced by the Lady Chief Justice’s Office in Northern Ireland on the instruction of experts in the High Court.

The guidance is aimed at assisting litigants, those instructing experts, and experts themselves, to understand best practice in complying with the overriding objective, as set out at Order 1 Rule A of the Rules of the Court of Judicature (NI) 1980, namely to deal with cases justly. This involves ensuring parties are on an equal footing, saving expenses where practicable and dealing with cases proportionately, expeditiously and fairly.

If any members would like a copy of the guidance or have comments, please contact Alice Taylor, [email protected], by Monday, 6 November.

APIL is aware that some members are still receiving blanket refusals from police forces to disclose any information relating to collisions. The refusals cite a recent change in National Police Chiefs’ Council (NPCC) policy, and legislation that is currently under review nationally.

But the NPCC has confirmed there has been no policy change and that it published updated guidance on the lawful basis for disclosure, and distributed this to police forces at the end of July. As such, APIL members should no longer be receiving blanket refusals to disclose information from police forces. The guidance can be found on the College of Policing police library website, here. 

CFA-Assignment/Ratification

CRU REVIEW

Defendant solicitor failing to provide DCP details / serving against a limited company

Ocular oncologist

Portal interest on special damages

Court Fee

Expert Nephrologist in a Clinical Negligence matter north west

Cricket one day WC