APIL calls for personal injury solicitors' guideline

Information about APIL calls for personal injury solicitors' guideline

Published on July 15, 2014

Author: sophiaben2

Source: authorstream.com

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APIL calls for personal injury solicitors' guideline hourly rates to jump by 18.25% Personal injury solicitors' firms should have their hourly rate increased by 18.25%, the Association of Personal Injury Lawyers (APIL) has said. In its response to the Civil Justice Council's (CJC) Call for Evidence on the subject of Guideline Hourly Rates, APIL said that guideline hourly rates for personal injury solicitors in England and Wales have largely remained static since January 1st 2009, when they rose by 1.7% following recommendations by the Advisory Committee on Civil Costs. This 1.7% increase was intended to be an interim measure, and on April 1st 2010, the Advisory Committee's recommendation to accept these guideline rates was accepted by the Master of the Rolls. APIL pointed out that since the beginning of 2009, the Consumer Price Index has undergone a 16.7% increase, while the Retail Price Index has grown by 19.8%. Therefore, it said that personal injury solicitors' guideline practice rates should increase by the average of the two indices' growth to reach 18.25%. CLLS and APIL warnings of dangers of underestimating guideline personal injury solicitors' rates APIL said that as the current guideline rates do not take real-world inflation into account, failing to increase them could cause difficulties for members of the public when they wish to make a personal injury claim. People would increasingly find it hard to find independent personal injury solicitors to represent them and handle their case, with surviving practices likely to exist only within large urban areas. People unable to travel or in rural areas may therefore be unable to receive face-to-face advice with solicitors. : APIL calls for personal injury solicitors' guideline hourly rates to jump by 18.25% Personal injury solicitors' firms should have their hourly rate increased by 18.25%, the Association of Personal Injury Lawyers (APIL) has said. In its response to the Civil Justice Council's (CJC) Call for Evidence on the subject of Guideline Hourly Rates, APIL said that guideline hourly rates for personal injury solicitors in England and Wales have largely remained static since January 1 st 2009, when they rose by 1.7% following recommendations by the Advisory Committee on Civil Costs. This 1.7% increase was intended to be an interim measure, and on April 1 st 2010, the Advisory Committee's recommendation to accept these guideline rates was accepted by the Master of the Rolls. APIL pointed out that since the beginning of 2009, the Consumer Price Index has undergone a 16.7% increase, while the Retail Price Index has grown by 19.8%. Therefore, it said that personal injury solicitors' guideline practice rates should increase by the average of the two indices' growth to reach 18.25%. CLLS and APIL warnings of dangers of underestimating guideline personal injury solicitors' rates APIL said that as the current guideline rates do not take real-world inflation into account, failing to increase them could cause difficulties for members of the public when they wish to make a personal injury claim. People would increasingly find it hard to find independent personal injury solicitors to represent them and handle their case, with surviving practices likely to exist only within large urban areas. People unable to travel or in rural areas may therefore be unable to receive face-to-face advice with solicitors. Nonetheless, the Jackson Reforms recently led to a reduction in the number of personal injury claims that were subjected to guideline hourly rates. Professor Paul Fenn examined almost 64,000 personal injury claims, finding that just 11.65% of accident at work claims and other employers' liability claims, 5.21% of public liability claims and 3.64% of road traffic accident claims fell outside of fixed cost regimes due to having a value greater than £25,000. The City of London Law Society (CCLS) also highlighted flaws in the CJC's method of calculating guideline rates, noting that it did not start off with the market rate when determining what rates are reasonable. As a result, the CCLS said the CJC was "ill -equipped" to decide what solicitors' firms should make as a profit, nor is doing so in a competitive market "appropriate", and predicted that the CJC's approach will reduce cost recoveries and see personal injury compensation claimants and other litigants deciding to recover their costs in countries other than England and Wales. The CJC's Costs Committee is planning to complete its report before 31st March 2014. The Master of the Rolls will then set 2014's rates. Further reviews will take place as required. Personal injury solicitors and other firms engaged in litigation were encouraged to take part in the consultation and review so that the final recommendations can be as informed as possible. Carol Smith researches personal injury and other compensation claims on behalf of a team of cash advance solicitors no win no fee solicitors. She likes the springtime, long walks on the beach, and feeding the squirrels in the park, and one day would like to write a best-selling novel. She has already written the first few pages several times. : Nonetheless, the Jackson Reforms recently led to a reduction in the number of personal injury claims that were subjected to guideline hourly rates. Professor Paul Fenn examined almost 64,000 personal injury claims, finding that just 11.65% of accident at work claims and other employers' liability claims, 5.21% of public liability claims and 3.64% of road traffic accident claims fell outside of fixed cost regimes due to having a value greater than £25,000. The City of London Law Society (CCLS) also highlighted flaws in the CJC's method of calculating guideline rates, noting that it did not start off with the market rate when determining what rates are reasonable. As a result, the CCLS said the CJC was "ill -equipped" to decide what solicitors' firms should make as a profit, nor is doing so in a competitive market "appropriate", and predicted that the CJC's approach will reduce cost recoveries and see personal injury compensation claimants and other litigants deciding to recover their costs in countries other than England and Wales. The CJC's Costs Committee is planning to complete its report before 31 st March 2014. The Master of the Rolls will then set 2014's rates. Further reviews will take place as required. Personal injury solicitors and other firms engaged in litigation were encouraged to take part in the consultation and review so that the final recommendations can be as informed as possible. Carol Smith researches personal injury and other compensation claims on behalf of a team of cash advance solicitors no win no fee solicitors. She likes the springtime, long walks on the beach, and feeding the squirrels in the park, and one day would like to write a best-selling novel. She has already written the first few pages several times.

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