The Association of Personal Injury Lawyers has walked out of talks on extending fixed costs in personal injury cases, the Gazette has learned.

In an unprecedented move for the organisation, APIL has withdrawn from talks on extending fixed costs for all ‘fast track’ cases.

The Civil Justice Council (CJC) has begun a mediation process to produce industry-agreed fixed costs for road traffic accident, industrial disease, employer’s liability and public liability cases worth up to £25,0000. Fixed costs are already in place for road traffic cases worth up to £10,000. APIL opposes the extension.

The mediation was set up at the request of Lord Justice Jackson, who is putting together proposals for changing the civil justice system.

APIL said it had been forced to pull out of the talks because the CJC had ‘made it very clear that key principles affecting claimants and issues relating to the claims process are not for discussion in the mediation. The only subjects for discussion are the figures themselves’.

APIL president John McQuater said: ‘We are simply not prepared to play poker with the civil justice system. We have said from the outset that predictable costs need a predictable system but the CJC, acting on instructions from Lord Justice Jackson, has insisted it won’t discuss anything other than figures.

‘Issues with costs can be resolved by addressing the behavioural issues which drive up costs in these cases in the first place. This non-negotiable attempt at a quick fix is not the answer.’

The walkout is the first time APIL has withdrawn from talks in this way.

Robert Musgrove, chief executive of the Civil Justice Council, said: 'It is disappointing that APIL has decided not to continue its participation in the very important series of facilitated meetings,requested by Lord Justice Jackson to assist any recommendations he may make on fixed costs in the fast track in his final report.

'The process is necessarily constrained by the timescales of the Jackson Costs Review, and although this may create tensions, the facilitation process will continue with adequate representation from those who represent claimant and defendant interests.'