The 2013 Ministry of Justice Reforms: A Practical Guide for Clients Garwyn Group
|
|
- Elfreda Elliott
- 2 years ago
- Views:
Transcription
1 The 2013 Ministry of Justice Reforms: A Practical Guide for Clients Garwyn Group 1
2 What are the reforms? The Ministry of Justice Reforms are an interlocking package of measures designed to accelerate the personal injury claims process and restore some proportionality to legal costs. Since the previous major reforms introduced by Lord Woolf in 1999, legal costs have escalated in real terms and the 2013 changes, recommended by Lord Jackson, address this problem by introducing a framework of fixed costs for cases which are handled within a revised set of rules ( the protocol ). The reforms cover the majority of Employers and Public Liability claims for injury in England and Wales and apply to accidents on or after 31 July 2013 plus disease claims made against a single employer on or after 31 July 2013, up to a claimed value of 25,000 plus costs. Claims that fall within the new protocol will be notified through an electronic "portal", which acts as an interface between claimant and defendant unless the claim exits the protocol for any reason. Claims that remain within the portal process attract significantly lower legal costs than at present. However, if the defendant breaches any of the key deadlines, the claim leaves the process and the defendant faces higher costs. What are the new timescales? The claims process is divided into three stages investigation, negotiation and (if necessary) litigation. Stage 1 investigation The claimant s solicitor sending a Claim Notification Form (CNF) which must be acknowledged within 1 working day, after which the defendant must respond on liability within 30 working days on EL claims, and 40 on PL claims. At the end of Stage 1, the claim remains within the portal only if the defendant admits liability in full Stage 2 negotiation The claimant submits medical evidence and an offer to accept a certain sum in settlement, and the parties then have 35 working days to agree settlement Stage 3 litigation If there is no agreement at the end of Stage 2, the defendant pays its final offer to the claimant and the claimant then has the option of commencing court proceedings to seek higher damages 2
3 Strict deadlines also apply to other aspects of the process, including disclosure of information and payments. What are the implications? The key to capitalising on these reforms is efficient and accurate information gathering processes and working in close partnership with their insurers. Those able to do so are likely to benefit from lower claims spend than organisations whose procedures are less efficient, hindering insurers ability to meet the stringent deadlines. The best result of all is still a successful denial of liability. This relies upon good evidence, and the earlier the company can gather such evidence, the sooner the insurer can make a decision, confident of its merits. What should my company do to prepare? 1. Good, early investigation The best time to gather evidence relating to an accident is early, while memories and evidence are still fresh. A good investigation will consider the following: Record the facts Collate documentation Obtain witness statements Take photographs Avoid speculation, and be careful to distinguish between what a witness actually knows and what they are speculating or guessing about. If in doubt about second hand testimony, take care to record that John Smith says that.. This will avoid that report later being construed as fact rather than opinion or hearsay We include at the end of this guide a list of the standard documentation that your insurers are required to disclose if they intend to contest liability to any extent. The greater the amount of helpful documentation available, the greater the chances of success Documentation alone is never sufficient. Record the names and home addresses of witnesses, write down what they have to say in their own words, and ensure that they sign and date it. Again, keep to the facts and avoid speculation or hearsay. Don t worry about putting statements in legal format. We will consider them when preparing our case strategy and if a defence is a possibility, we will interview the witness ourselves during our investigation and prepare a statement which fulfils court requirements Photographs of the scene, ideally with a digital date and time stamp, especially if the scene may subsequently change or to capture a fluid situation. Similarly, ensure that any relevant CCTV footage is safely preserved Preserve for inspection Any material item that may be significant, for example a piece of equipment that was being used at the time, or protective clothing that was being worn When the investigation is complete, either ensure that the evidence is collated in a central archive for easy retrieval in the event of a claim or if required by your insurers send it to them to hold in readiness for a claim being made. If we are acting for your insurer, send it to us. 3
4 2. Consider whether to register on the portal If you have conventional EL and PL insurance, with a low-level deductible, or with no deductible at all, there is no need for you to register on the portal. Claimant solicitors will be able to find out who your EL insurers are through a central database, and send CNF s directly to them. Solicitors pursuing PL claims are obliged to make reasonable enquiries to find out who your insurers are before sending the CNF. They may write to you asking you to tell them who your insurers are. Any such letter should be passed to us and we will contact the solicitors to tell them where to send the CNF within the portal. For self-insured organisations or those with high deductibles, we recommend placing a prominent note on the Contact Us page of your company website, stating Please send EL/PL Portal claims to Garwyn Group D This will enable any solicitor reviewing the defendant s website to find out immediately where portal claims should be sent. If you are self-insured, or have EL or PL cover which carries a deductible of 25,000 or more, it is possible to arrange for your company s name to appear on the portal when solicitors make a search for your company. However, any CNF that they send to your company through the portal will automatically come to our portal inbox. You do not need to register on the portal for this to happen we simply need a signed consent from you, and we will arrange with Claims Portal Ltd for this automatic divert to happen. Please contact us if you would like this system put in place for your organisation 3. Plan for responding to new claims Within the new process, claimant's solicitors will be able to identify EL insurers from a central database and are required to send a claim to them directly through the portal. They are also required to send a CNF to the defendant directly. Transmission of the CNF through the portal to your insurers is instant, and it is likely that in most cases, insurers will know about an EL claim before their policyholder does. If solicitors cannot identify a defendant s insurers or claims handlers, they are required to send a defendant-only version of the CNF to the defendant s registered office by post. This is identical to a standard CNF except for the heading, which confirms that no other party has been notified. Where Garwyn handle EL and PL claims for your organisation, and you receive a CNF in the post, it should be scanned and sent by to for our immediate attention. You should send an acknowledgement to the solicitors shown on the CNF, but the should say only that you acknowledge receipt and that you have passed it to your insurers. We recommend that our clients familiarise themselves with the Defendant-Only Public Liability CNF, a copy of which can be found here: 4
5 What happens after a claim is passed to insurers? When we receive a CNF through the portal, we will firstly check whether you have previously sent us details of the accident. If not, we will initially contact you by telephone to obtain as much information as possible, and if circumstances are unclear or it appears that a defence may be available, we will arrange for a site investigation to take place. The condensed timescales mean that it is absolutely vital that we work together to ensure that site investigations are effective and can be completed in one visit. When we attend, it is important that: We are able to inspect the accident location We are able to obtain all relevant documents, and any other evidence such as CCTV footage We are able to interview all witnesses Should we encounter delay, our ability to respond within the portal timescale will be compromised. The new protocol allows no scope to seek an extension of time from the claimant's solicitors. Liability and Contributory Negligence If it is clear that liability needs to be admitted, and you and/or your insurers are in agreement, we will do so, in order to keep the claim within the portal and take advantage of the reduced costs. If you fund the claims and authorise recommendations on liability and value, it is very important to have a decision maker who can respond quickly, with a deputy to cover for absences. To make arguments of contributory negligence worthwhile, defendants must be confident that the likely discount from damages exceeds the additional costs that will be incurred as a result of the claim leaving the portal. Where your insurers fund the outcome, we will liaise with them to decide whether arguments of contributory negligence are prudent, and keep you informed. If your claims are self funded, we will set out the options clearly for you, explaining which course of action is expected to yield the best financial outcome. 5
6 Earnings details In EL cases, it is vital that we receive earnings details for the claimant as soon as possible, for two reasons: 1. We are required to disclose the earnings information to the claimant s solicitors within 20 days of an admission of liability, or the claim exits the portal. 2. Earnings information helps us to assess the potential value of the claim at an early stage. This will assist when considering whether to argue contributory negligence. We may also decide that the claim should leave the portal in any event, due to its value or complexity. Earnings information should take the standard form of gross, net, additions, tax, NI and other deductions, for the 13 weeks prior to the employee s accident or start of their absence period, plus the same information for the period of the absence. Valuation and Negotiation Stage 2 is initiated by the claimant s solicitors sending the defendant a medical report, together with a schedule of loss and the claimant s offer to settle. If you have an input in the claims settlement decisions, it is once again vital that you have in place a responsive system allowing you to consider recommendations we make on valuation, and provide decisions within the similarly tight timescales of Stage 2. Payments When payments of damages or costs are required within the portal process there is a deadline, usually 10 working days, for the claimant s solicitors to receive the payment a cheque in the post doesn t count! If payment is not received within the required period, the claimant s solicitors can elect to remove the claim from the portal. In this new regime, the standard process should be electronic bank transfer of funds (BACS) for faster delivery and guaranteed receipt. Insurers are adapting their processes, as are we, to be sufficiently responsive to meet short payment deadlines. If you currently fund payments by individual request, we recommend that you consider establishing a claims fund from which we can draw payments, or alternatively ensure that your own internal processes cater for BACS payments to be made. Where we hold claims funds, we have developed a process through which appropriate authority to make payments is rapidly obtained and the transaction made, in order to ensure that the deadline is met. It turn, it is vital that funds are replenished promptly by insurers or self-funding clients. If we have insufficient funds available, we will be unable to make payments, and claims will exit the portal as a consequence. 6
7 In Summary Overall, we see the changes as representing a restoration of balance in personal injury cases. However, the changes come with challenges, and to take full advantage of the new regime defendants will need to operate responsive systems and make decisions quickly. Through careful planning and a considerable investment of resources, we have developed systems and processes which will allow us to maximise the savings available to our clients within the new regime. That, however, is only half the battle. We now need our clients to be ready, and in most cases we anticipate that relatively small changes in procedures and communication methods will be sufficient. By adopting procedures outlined in this document, clients can help us to help them optimise their EL and PL claims exposure within the new regime. If you would like more information, please speak to your Garwyn account manager, or contact Bruce Kilby
8 Portal Claims Document Checklist Document Please tick Details if not available Available Not available please explain why (attach copy) Accident book entry Accident Investigation Report First aider report Surgery record Foreman/supervisor report Safety representatives accident report RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) report to HSE Other communications between defendants and HSE Minutes of Health and Safety Committee meeting(s) where accident/matter considered Report to DSS Pre-accident Risk Assessment Post-accident Re-Assessment Training Records If machinery involved, inspection and maintenance records 8
9 For further information please contact: Bruce Kilby Client Service Manager
Accident & Investigation Pack for Employers & Public Liability Injury Claims
Accident & Investigation Pack for Employers & Public Liability Injury Claims Guide to this Accident and Investigation Pack The 2013 Ministry of Justice (MOJ) reforms comprise a package of interlocking
QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities
QBE European Operations Portal extension Guidance document June 2013 Ministry of Justice extension to the claims protocols Maximising Opportunities Portal extension Guidance document June 2013 Ministry
T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013
T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013 2013 JACKSON REFORM UPDATE From the beginning of April this year, Employers Liability (EL), Public Liability (PL) and Motor Injury Claims
Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance
Client Bulletin June 2013 Ministry of Justice Reforms update and practical guidance This bulletin provides an update to our previous bulletin about the proposed Ministry of Justice Reforms and follows
T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013
T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013 2013 JACKSON REFORM UPDATE PART TWO Since our February 2013 Jackson Reforms update, we have seen the claimant lobby s Judicial Review proceedings
QBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims Portal Extension
QBE European Operations UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms and Ministry of Justice Claims Extension UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms
BC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction
Extending the RTA Portal to Disease claims May 2013 1. Introduction In July 2013 the existing RTA PI protocol will be extended to EL and PL claims. In addition, the value of claims captured by the protocol
MOJ Portal The Key to Success
MOJ Portal The Key to Success Challenges Practicalities Opportunities The new MOJ reforms and extended EL/PL and RTA Portals (and fixed fees) have been implemented to a chorus of outrage and dismay by
highways express Helping you manage your Highways claims Introduction
highways express Helping you manage your Highways claims Introduction Highway authorities are facing increasing pressure to provide high quality highway services while maintaining tight control of costs
DEFENDING AND SETTLING A CIVIL/PERSONAL INJURY CLAIM
DEFENDING AND SETTLING A CIVIL/PERSONAL INJURY CLAIM 14 May 2015 Toby Scott, Partner How a claim is started and progressed Traditional Approach see Law Society Website http://www.lawsociety.org.uk/for-the-public/common-legal-issues/personal-injury-claim/
Civil Litigation Reforms & AIG
Access to Justice Civil Litigation Reforms & AIG Start The reforms AIG Response day 1-5 day 6-20 day 21-25 AIG process map Overview and key Changes For more details of the reforms click here > The Jackson
Pre-Action Protocol for Personal Injury Claims
PROTOCOLS Pre-Action Protocol for Personal Injury Claims Contents 1 Introduction 2 Notes of guidance 3 The protocol 4 Rehabilitation 5 Resolution of issues A Letter of claim B Pre-action personal injury
Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013
HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk
An Update on the Ministry of Justice Reforms to Personal Injury Procedures
An Update on the Ministry of Justice Reforms to Personal Injury Procedures In terms of scale, the changes to the claims process for personal injury claims that interested parties have been expecting since
Risk Management Guidelines
Reporting Bodily Injury Claims Introduction Despite all your best efforts incidents resulting in injury and disease may occur to people due to your business activities. Prompt investigation and reporting
Your Guide to Pursuing a Personal Injury Claim
Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose
Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims
Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims You have received this information sheet as it is likely that your claim will proceed
Amendments History No Date Amendment 1 July 2015 Policy re approved with Job titles and roles updated 2 3 4 5 6 7
Document Details Title Claims Management Policy Trust Ref No 1534-27272 Local Ref (optional) N/A Main points the document covers This policy and procedure details the arrangements for the notification
Policy and Procedure for Claims Management
Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints
CLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013
CLAIMSadvisor RISK PRACTICE JULY 2013 Employers & Public Liability Claims Jackson Reforms update We recently provided an overview of the Jackson Reforms and the key changes in relation to Employers Liability
Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000
1 Claims Post Jackson Some Additional Information Andrew Mckie, Barrister Clerksroom - May 2013 Telephone 07739 964012/ 0845 083 3000 Email: andrewmckie@btinternet.com/ mckie@clerksroom.com The EL and
ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers
ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields
Pre-Action Protocol for Personal Injury Claims
PROTOCOLS Pre-Action Protocol for Personal Injury Claims Contents 1 Introduction 2 Notes of guidance 3 The protocol 4 Rehabilitation 5 Resolution of issues A Letter of claim B Pre-action personal injury
MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012
MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS Introduction By Andrew Mckie (Barrister at Law) Clerksroom March 2012 Telephone 0845 083 3000 or go to www.clerksroom.com The protocol for Low Value
Claims Reporting Procedure
Claims Reporting Procedure This document includes:- An introduction to the claims reporting process Your Belmont contacts The life of your claim A review of the Ministry of Justice Reforms Introduction
Claims Management Policy
Claims Management Policy April 2015 Author: Responsibility: Janet Young, Governance & Risk Manager All Staff should adhere to this policy Effective Date: April 2015 Review Date: April 2017 Reviewing/Endorsing
Steve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by:
Title: Claims Management Policy Reference No: Owner: Author: Steve Mason, Legal Services and Governance Lead First Issued On: Latest Issue Date: Operational Date: Review Date: Consultation Date: Policy
CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE
CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE By Chris Rafferty & Colin Richmond INTRODUCTION The reforms of the RTA Portal Scheme have been relatively few to date, but are nevertheless worthy
The new Pre-Action Protocol for fast track Employers Liability and Public Liability Personal Injury Claims
The new Pre-Action Protocol for fast track Employers Liability and Public Liability Personal Injury Claims Introduction This guide provides an at a glance review of the new Pre-Action Protocol for Low
The Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom.
1 1. Introduction The Lifecycle of a Personal Injury Claim By Andrew Mckie (Barrister at Law) Clerksroom July 2012 The aim of the presentation is to look at the basic steps from the taking instructions
INSURANCE CLAIMS HANDLING & REPORTING PROTOCOL
INSURANCE CLAIMS HANDLING & REPORTING PROTOCOL PURPOSE: The purpose of the Protocol is to guide all affected parties, including Council, County staff, Board appointees and volunteers, in their responsibilities
Claim notification form (PL1)
This is a formal claim against you, which must be acknowledged by email immediately and passed to your insurer. Claim notification form (PL1) Low value personal injury claims in public liability accidents
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1
Personal Injury Multi-Track Code
Personal Injury Multi-Track Code INTRODUCTION The multi track code is designed for personal injury cases (excluding clinical negligence and asbestos related disease cases) within the multi track arena
IOSH Midland North District
IOSH Midland North District 26 th February 2015 The Civil Case Housekeeping Fire Safety please follow signs exit via stairwell and front door. Assembly point on car park. Toilets located on each landing.
Compensation Claims. Contents
Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory
Accidents at Work. Everything you need to know
Accidents at Work Everything you need to know Falling from ladders, slipping on a wet floor, lifting a heavy item, cutting yourself on a machine. Even in the 21st Century the workplace is still dangerous
Are You Being Add-On?
Customer Newsletter Issue 4 Are You Being Add-On? The Financial Conduct Authority (FCA) has announced that one of the largest insurance providers in the UK has been fined 7.4 million for the miss-selling
Claims Management Policy. Director of Corporate Affairs and Communications. First Issued On: 31 March 2009 (version 1.000)
Title: Reference No: Owner: Author: Claims Management Policy NYYPCT/COR/02 Director of Corporate Affairs and Communications Steve Mason, Legal Services Manager First Issued On: 31 March 2009 (version 1.000)
Employers Liability Claim Form
Claims Reference No. (if known) Employers Liability Claim Form 1. You the Policyholder of Insured Postcode Contact Number Policy Number Business Date Premium Paid Are you a Registered Trade for VAT purposes?
Civil Procedure Rule Committee Consultation on Revised Pre-action Protocol for Personal Injury Claims
Civil Procedure Rule Committee Consultation on Revised Pre-action Protocol for Personal Injury Claims A response by the Association of Personal Injury Lawyers July 2014 Page 1 of 9 The Association of Personal
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
Claim notification form (ELD1)
This is a formal claim against you, which must be acknowledged by email immediately and passed to your insurer. Claim notification form (ELD1) Low value personal injury claims in employers liability -
scrutiny: Essential Guide to CRU Benefits and Appeals
scrutiny: Essential Guide to CRU Benefits and Appeals Introduction In writing this guide, we had in mind a broad spectrum of readers from the novice (for whom some of this may be new) through to the more
The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows
65 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the
Accident Response Pack
AIG Casualty Risk Consulting Accident Response Pack Start INTRODUCTION What to do before an accident Risk Management Keys Health and Safety online system What to do when an accident happens Accident Investigation
Claims Policy (Reporting and Managing Claims against the Trust)
Policy: C14 Claims Policy (Reporting and Managing Claims against the Trust) Version: C14/07 Oct 2014 Ratified by: Trust Management Team Date ratified: 11 th April 2012 Title of originator/author: Title
CLINICAL NEGLIGENCE SCHEME FOR TRUSTS
CLINICAL NEGLIGENCE SCHEME FOR TRUSTS MEMBERSHIP RULES April 2001 (Revised 1 May 2014 following the coming into force of The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL
Pre action protocol for low value personal injury claims in road traffic accidents
http://websvr/textimagecreator (Text image creator to change heading) Pre action protocol for low value personal injury claims in road traffic accidents Contents SECTION I - INTRODUCTION Definitions Paragraph
making a personal injury compensation claim
W E L C O M E P A C K making a personal injury compensation claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph
The online decision support tool for personal injury claims handling
evaluate The online decision support tool for personal injury claims handling Introduction The advent of the claims portal and government reform of the personal injury claims environment has resulted in
making a road traffic accident claim
W E L C O M E P A C K making a road traffic accident claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation for over
Cymru update. Leon Lloyd Hugh James. 6 November 2013
Community Housing Cymru update Leon Lloyd Hugh James 6 November 2013 New EL/PL claims procedure From 1 August 2013 Fast track claims EL/PL claims between 10k and 25k issued pre-1 April 2013 handled outside
Jackson Reforms The Changing Claims Landscape: one year on
CLAIMS FOCUS RISK PRACTICE BULLETIN JULY 2014 Jackson Reforms The Changing Claims Landscape: one year on A number of months have now passed since the legal milestones of 2013 which changed the way civil
CLAIMS MANAGEMENT POLICY
GWASANAETHAU AMBIWLANS CYMRU YMDDIRIEDOLAETH GIG WELSH AMBULANCE SERVICES NHS TRUST CLAIMS MANAGEMENT POLICY Clinical Negligence, Personal Injury, Losses and Compensation Claims Approved by Date Review
Occupational disease and the Pre-action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) claims
Occupational disease and the Pre-action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) claims Simon Morrow Partner, BLM t: 0161 838 6791 e: simon.morrow@blm-law.com July
tions Weightmans Low Value Personal Injury Claims in Road Traffic Accidents
Frequ quentl tly asked questio tions Low Value Personal Injury Claims in Road Traffic Accidents Stage 1 General Q1. When will the Rules be drafted and ready? A1. The Civil Procedure Rule Committee approved
ESSENTIAL ACCIDENT & FATALITY STRATEGY
WORK AT HEIGHT ESSENTIAL ACCIDENT & FATALITY STRATEGY ACCIDENT AND FATALITY STRATEGY No matter how well something is planned, accidents can happen, and when they do people often react to a situation on
REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES
Report to Finance and Property Committee REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT 25 February 2013 Agenda Item: 5 PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES Purpose
A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE
A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE 1. INTRODUCTION Making a claim for damages (compensation) for clinical negligence can be a worrying and stressful experience. We recognise that
PERSONAL INJURY COMPENSATION CLAIM GUIDE
PERSONAL INJURY COMPENSATION CLAIM GUIDE PERSONAL INJURY COMPENSATION CLAIM GUIDE This booklet has been produced by D.J. Synnott Solicitors to give our clients an understanding of the personal injury compensation
EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES
E P EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES If you have been involved in a Road Traffic Accident as a driver or passenger we hope
RTA Web User Release 3 Notes. Project Name: Release 3
RTA Web User Release 3 Notes Project Name: Release 3 Version No. 1.0 Issue Release Date 22/05/2013 Uncontrolled copy if printed/ photocopied (unless specified otherwise) Version History Release Date Version
Draft Pre Action Protocol for claims for damages for mesothelioma
Draft Pre Action Protocol for claims for damages for mesothelioma Contents Introduction...2 1. Overview of Protocol General Aim...2 2. Intimation Letter...2 3. Letter of Claim...3 4. Defendant's Response...4
Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012
Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012 In brief Lord Justice Jackson s key task was to address disproportionate costs in civil litigation i.e.
FIXED COSTS PART 45. Contents of this Part
FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount
Conditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
Claim Management Policy
Claim Management Policy REFERENCE NUMBER Claim management policy VERSION V1.0 APPROVING COMMITTEE & DATE Clinical Executive Committee REVIEW DUE DATE May 2018 1 West Lancashire CCG is committed to ensuring
DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety
DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety Briefing by Action against Medical Accidents (AvMA) October
Reporting claims to the NHS LA
Reporting claims to the NHS LA Table of Contents 1. Introduction 2. When should a claim be reported to the NHS LA 3. What documents should be sent to the NHS LA when reporting a claim 4. How to report
Pre-Action Protocol Amendments
Pre-Action Protocol Amendments The new Pre-Action Protocols and Amendments to the existing Pre-Action Protocol are approved by the Master of the Rolls as Head of Civil Justice. The new Practice Directions
Disease: solving disputes post 1 April 2013
Disease: solving disputes post 1 April 2013 This update examines the impact made by the Jackson reforms since their implementation on 1 April 2013 and looks forward to the extension of the RTA portal due
MAKING A PERSONAL INJURIES CLAIM*
MAKING A PERSONAL INJURIES CLAIM* GETTING STARTED DO I HAVE A CASE? The first step is to contact one of our experienced personal injuries solicitors and arrange a no obligation consultation. At the initial
Leathes Prior Solicitors Terms of Business
Leathes Prior Solicitors Terms of Business 1. Contacting us Our reception is open from 8.30am to 5.30pm Monday to Friday, excluding Bank Holidays. Arrangements can be made to see clients outside these
Technical claims brief
QBE European Operations Technical claims brief Monthly update June 2015 Technical claims brief Monthly update June 2015 Contents FCA sets out their findings after looking at delegated authority arrangements
LASPO. Why has. come about brief history of reforms
Contents Foreword 2 3 Foreword: Why has LASPO come about 4 Changes to funding and implications 6 Changes in practice 7 Track limits 8 The RTA and EL/PL Protocols 11 Referral fees 12 Contact information
Conditional Fee Arrangements, After the Event Insurance and beyond!
Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional
INFORMATION GATHERING EXERCISE QUESTIONNAIRE
ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil
4. Employers Liability Claims Procedures (Accidents) 7. Public Liability/Products Liability Claims Procedures
1. Introduction 2. Contacts 3. General Claims Procedures 4. Employers Liability Claims Procedures (Accidents) 5. Document Checklist - Employers Liability 6. Employers Liability Procedures (Disease Claims)
Agenda Item 8.12 CENTRAL MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST. The Director of Corporate Services Carole Self
CENTRAL MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST Report of: Paper prepared by: The Director of Corporate Services Carole Self Head of Legal Services Michelle Lindup Date of paper: May 2014
APPENDIX C. Pre-action Protocol for Non-Injury Motor Accident Cases
APPENDIX C Annex B 1. Application Pre-action Protocol for Non-Injury Motor Accident Cases 1.1 The object of this protocol is to describe reasonable conduct for non-injury motor accident claims. In exercising
Asbestos Disease Claims
Asbestos Disease Claims A client s guide Spring 2007 Contents 2. Essential elements for a successful claim 3. What we will do 3. Funding the case 3. Preliminary investigations 4. What happens next? 4.
Information Gathering Exercise on Pre-Action Protocols
Information Gathering Exercise on Pre-Action Protocols May 2014 INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to
Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports
Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 2 Medical Reports Q35. Can insurers question the medical report? A35. The defendant/insurer cannot question the
PRE-ACTION PROTOCOL. Re: Road Traffic Accidents and Personal Injury Claims. 1.1. The aims of the pre-action protocols are:
1 PRE-ACTION PROTOCOL Re: Road Traffic Accidents and Personal Injury Claims 1. GENERAL 1.1. The aims of the pre-action protocols are: (a) (b) (c) to foster more pre-action contact between the parties,
To manage, on behalf of the Trust, all clinical negligence claims and employer/public liability and miscellaneous risk pooling claims.
JOB DESCRIPTION Job Title Division Corporate Services Department/Ward Directorate of Policy & Legal Services Location Trust Headquarters, Harton Wing Main Purpose of the Job To manage, on behalf of the
The 2007 Rehabilitation Code
The 2007 Rehabilitation Code Introduction The aim of this code is to promote the use of rehabilitation and early intervention in the compensation process so that the injured person makes the best and quickest
(no more than 2 years from Start Date) (suggested 1 month within the first 3 months and. (a) Contract Percentage (between 2 and 10%, usually 4-5%)
WELSH RUGBY UNION LIMITED Player / Agent Model Agreement Date: 201 Player Player s Address Player s Present Club Agent Agent s Address Start Date End Date (no more than 2 years from Start Date) Notice
INFORMATION GATHERING EXERCISE QUESTIONNAIRE
ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil
L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS
LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS 1. Introduction
A brief guide to professional negligence claims
A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims
The Impact of the Jackson Reforms on Costs and Case Management
The Impact of the Jackson Reforms on Costs and Case Management Civil Justice Council Conference 21 st March 2014 Written Submission of the Law Society The Law Society 2014 Page 1 of 9 2014 The Law Society.
English Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch?
English Civil Law and the Foreign Motorist Justice or a Lawyer s Lunch? Agenda Basic Principles The Civil Procedure The Claim - Practice Basic principles English Law is based on precedent - what courts
Conditional Fee Agreements: best practice. no win - no fee - limiting the cost of claims to taxpayers
Conditional Fee Agreements: best practice no win - no fee - limiting the cost of claims to taxpayers contents 1 outline of problem page 1 outline of problem 3 2 worst practice 4 3 best practice 6 4 the
Pre-Action Protocol for Disease and Illness Claims
Pre-Action Protocol for Disease and Illness Claims PROTOCOLS Contents 1 Introduction 2 Notes of guidance 2A ALTERNATIVE DISPUTE RESOLUTION 3 The aims of the protocol 4 The protocol 5 Communication 6 Letter
Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation
Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation With effect from 20 April 2007, the Department of Constitutional Affairs has entered into a period of consultation
FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY. Action against Medical Accidents
FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY Action against Medical Accidents Questionnaire The Government proposes to introduce fixed recoverable costs for all cases where