Litigation Letter
APIL v Jackson
Muiris Lyons, the new president of the Association of Personal Injury Lawyers (APIL) has criticised Lord Justice Jackson’s
report on the costs of civil litigation as being ‘simply the view of one judge’ which if implemented would have a significant
adverse effect on those most seriously injured. The Association was strongly opposed to the proposed abolition of the recoverability
of success fees and ATE premiums which would not be offset by the suggested 10% increase in general damages. Mr Lyons continued
‘We should not forget that over 10 years ago the Law Commission concluded general damages were too low and recommended that
they be increased by up to 50%. In our view the Law Commission’s recommendations should be given the same weight and consideration
as those of Sir Rupert’. He also expressed concern about the suggestion of the Master of the Rolls, Lord Neuberger, that if
it was not possible to reach a consensus on the Jackson report, the solution might be to introduce a no-fault compensation
scheme for personal injury claims. See also page 61.