scrutiny: Essential Guide to CRU Benefits and Appeals

Size: px
Start display at page:

Download "scrutiny: Essential Guide to CRU Benefits and Appeals"

Transcription

1 scrutiny: Essential Guide to CRU Benefits and Appeals

2 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 experienced handlers who may find comfort from having a quick reference guide to the essential and key features of CRU benefits, offsetting, tactics and CRU reviews and appeals. The guide includes explanation about features of the CRU scheme which occur commonly in practice and suggestions about how these issues can be appropriately addressed. Kennedys scrutiny team has specialist expertise and an excellent track record of success in handling CRU benefits and NHS charges issues and advising clients on reviews and appeals. Our expertise allows us to predict with accuracy those cases which are likely to be successful and those which are not, so that insurers and defendants know they are investing time and cost wisely in entrusting their CRU appeals to us. We hope you enjoy the guide and find it a useful reference tool. Greg Woods Paul Morris Kennedys is a trading name of Kennedys Law LLP. Kennedys Law LLP is a limited liability partnership registered in England and Wales (with registered number OC353214)

3 Contents Topic Page Number 1. The starting point 2 2. How much to repay and when? 4 3. Offsetting 6 4. Offers and settlement 9 5. Reviews and appeals Notes Key contacts 17 1

4 1. The starting point BACKGROUND When a defendant pays damages to a claimant following a personal injury claim, benefits paid to the claimant, which are attributable to the injury, can be recovered by the DWP from the defendant (the compensator). Whoever actually repays the benefits is called the Compensator. Usually, the compensator will be the defendant s insurer. The CRU (Compensation Recovery Unit) is charged with recovering such benefits from compensators. Similarly, where the NHS provides treatment to an injured claimant, the cost of this treatment is recovered by the CRU from the compensator. The rules governing the recovery of benefits and the recovery of NHS charges are similar, but differ in some important respects. 2

5 WHAT A COMPENSATOR S REPRESENTATIVE MUST DO Complete and send a CRU1 registration form as soon as the claim is notified to them. This asks for basic details, such as the parties names and addresses and (except in the case of a disease claim) the names and addresses of any NHS hospitals the claimant has attended as a result of the accident or injury. The CRU registers the claim and sends a Benefits Certificate and NHS Charges Certificate if you request them to do so. Maintain a valid CRU Certificate at all times, so that you always know the benefits position (you can request a renewal up to seven days in advance). On payment of damages to the injured party, the compensator must repay the total shown on both the Benefits and NHS Charges Certificates. Seek a review of the Certificate before payment of the NHS charges, where an apportionment of liability or agreement on contributory negligence has been made. Don t be tempted to settle a claim without a valid Benefits Certificate a previous nil Certificate is no guarantee that, on renewal, significant benefits will not be included. 3

6 2. How much to repay and when? WHAT IS A COMPENSATOR S LIABILITY TO THE CRU? The CRU identifies what benefits to include in the Benefits Certificate and what NHS charges to include in the NHS Charges Certificate. The compensator must repay all benefits that are both attributable to the injury and have been paid to the claimant during the relevant period. The relevant period Begins on the date of accident or, if a disease claim, when the claimant first claims a listed benefit in respect of that disease. Ends five years later or on payment of final damages, if sooner. Does not end at the date of agreement, order, judgment or interim payment (unless the interim payment is later accepted in full and final settlement). Any benefits paid to the claimant outside the relevant period are not recoverable. The compensator must also repay all recoverable NHS charges attributable to the injury. The amount of those charges represents only a small proportion of the actual cost of the NHS treatment received, although the recoverable amount increases every year. The amount of repayable NHS charges crystallises when the claimant ceases receiving NHS treatment, when the case settles, or when the charges reach the maximum level set by law. 4

7 WHEN DO BENEFITS OR NHS CHARGES NEED TO BE REPAID? Benefits and NHS charges are payable When an interim payment is made On final payment of damages in settlement of claim Note: Further benefits may continue to accrue during the relevant period even after repayment of benefits at the time of an interim payment. WHAT IF THERE IS MORE THAN ONE COMPENSATOR? Liability to repay the total amount on the Certificate is joint and several. This means that each compensator who makes a payment of damages to the claimant is liable to repay all the benefits shown on the Certificate. As each compensator may pay damages on a different date, their respective liabilities to pay benefits may be different. It is for the compensators to agree an appropriate apportionment of benefits between them. Usually, compensators will repay benefits and NHS charges in the same proportion as they paid the damages, but difficulties with apportionment can arise if there are significant delays between each payment. The total liability to the CRU continues to accrue until the claimant s damages are fully paid. 5

8 3. Offsetting OFFSETTING BENEFITS AGAINST DAMAGES Although a compensator is liable to repay all recoverable benefits in full, it is entitled to offset certain benefits against certain heads of damage. Some heads of damage are untouchable or ring-fenced, i.e. no benefits can be offset against them. These include damages for pain, suffering and loss of amenity (PSLA) and any future losses. Offsettable heads of damage Past loss of earnings Past care Past loss of mobility The benefits which can be offset from each head are as follows: Damages for past loss of earnings Employment and Support Allowance (ESA) Jobseeker s Allowance (JSA) Industrial Injuries Disablement Benefit (IIDB) Incapacity Benefit (IB) or Income Support (IS) Also (although much rarer): Statutory Sick Pay paid before 6 April 1994, Reduced Earnings Allowance, Unemployability Supplement, Unemployment Benefit, Invalidity Allowance, Invalidity Pension, Disability Working Allowance, Severe Disablement Allowance and Sickness Benefit. Damages for past care Disability Living Allowance Care (DLAC)* Exceptionally Severe Disablement Allowance Attendance Allowance (AA) Disablement Pension increase for Constant Attendance Allowance 6

9 Damages for past loss of mobility** Disability Living Allowance Mobility (DLAM)* Mobility Allowance * DLAC and DLAM will soon be reformed by the DWP and will become Personal Independence Payment or PIP. ** e.g. claims for wheelchairs, adapted transport, taxi or bus fares to hospital, increased cost of a car and additional holiday travel costs. Also pay special attention to the claimant s care claim. Does it incorporate elements that reflect the claimant s loss of mobility? If so, it may be possible to argue that damages paid in respect of such elements are mobility damages. TACTICS As a general rule, offset as much of the recoverable benefits as you can against the damages, as this reduces the compensator s overall outlay. Unless you intend to appeal the Benefits Certificate, tactically you may decide to make a more generous allowance for offsettable heads of damage such as loss of earnings or care, where recoverable benefits exceed your valuation of that head of loss. This will not cost the compensator any more money and will increase the gross value of your offer, affording greater costs protection. For example: Care claimed: 6,000 DLAC recoverable: 5,000 Care valuation: 4,500 Offering 5,000 for care will not cost any more to the compensator, will make the offer more attractive and will provide greater protection on costs. 7

10 However, that approach may not be advisable if you believe you have or will have grounds for reducing the benefits on the Certificate by way of review or appeal. At trial, the court will scrutinise the offset of benefits made and, if benefits have not been offset properly, you may lose the protection afforded by any Part 36 or other offer made (Williams v Devon County Council [2003]). Section 8 of the Social Security (Recovery of Benefits) Act 1997 and Williams suggest this will certainly be the case where you have not offset the correct benefits against the correct heads of claim. It may even be argued in future that an offer which offsets benefits paid outside the period for which compensation is sought is on the same principle invalid. However, the courts have yet to address this question specifically. 8

11 4. Offers and settlement MAKING PART 36 OFFERS When making a Part 36 offer you are required to indicate whether the offer is made without regard to and liability for recoverable amounts (i.e. the figure offered is net of CRU benefits) or that the offer is intended to include any deductible amounts (i.e. that the figure offered is gross of CRU benefits and so, if accepted, the Claimant will receive the sum offered less offsettable benefits). (CPR 36.15(3) If an offset is to be made you must: Apply first for a Benefits Certificate. Specify the gross amount of the offer (before offset of benefits). Specify the amount of offset made, specifically the name and amount of the benefit offset. Specify the net amount left after offset of benefits. Where you are without a valid Certificate, but have applied for one, refer to CPR Part 36.15(7). This enables you to make an offer, but to reserve the right to offset benefits once you receive the Certificate. To preserve the effective start date of your Part 36 offer, you must clarify the amount of offset of benefits within seven days of receiving a new Certificate. If accepted, calculation of the net damages will of course be delayed until the Certificate is available. Where benefits have increased since making a Part 36 offer and the relevant period for accepting the offer has expired, the court s permission will be needed to accept a Part 36 offer, unless the compensator agrees. The court may reduce the net amount due to the claimant, so increasing the amount of the offset to take into account the increased benefits the compensator will have to repay (CPR Part 36.15(9)). Consider whether an appeal against the benefits or NHS charges will be feasible at the start of the case, not as an afterthought or when settlement is made. This enables you to obtain sufficient evidence, e.g. by asking questions of the medical expert in support of the appeal before settling the claim, when it may be too late. 9

12 CONSENT ORDERS/TOMLIN ORDERS IN SETTLEMENT OF A CLAIM When making any offer and drafting a consent or Tomlin order be clear and specific about which benefit is being offset against which head of damage, and the amount being offset, e.g. 1,000 ESA against loss of earnings. Ensure the order makes clear the gross sum offered, the amount of benefits offset and against what element of damages, and the net amount after offset of benefits. In consent or Tomlin orders, avoid ambiguous phrases, which suggest an offset has been made, such as net of benefits and plus benefits. It is always preferable to state the gross settlement figure so that there can be no misunderstanding as to the amount offset from damages, particularly if you are contemplating an Appeal and you are unable to offset all of the repayable benefits from the Claimant s damages. Where no offset is made, don t use net or gross etc, simply use in full and final settlement. The order does not need to specify that the compensator repays the benefits. The obligation to pay is governed by statute. 10

13 5. Reviews and appeals SEEKING A REVIEW OF A BENEFITS CERTIFICATE A review is a request from a compensator or claimant to the CRU to change the period or amount of benefits shown on a certificate. A review can be requested in writing at any time, but only once per Certificate. You should set out succinctly why the Certificate is wrong or the benefits or some of them should not be included. Send the CRU any medical evidence and refer them to the key points. The grounds for review (where a review will succeed) are where: The CRU has made an obvious mistake in the preparation of the Certificate. The amount of benefits on the Certificate is wrong. Whilst the grounds for review are fairly restricted, it is worth requesting a review even in reliance on a ground of appeal as the CRU will sometimes review the benefits position on a broader (appeal) basis. Don t be put off appealing benefits on the same grounds/in reliance on the same evidence where a review fails, as the grounds of appeal are broader. A valid appeal often succeeds where a review has failed. Also, it is always possible that the Appeals Tribunal will reach a different conclusion to that reached by the CRU under the Review process. APPEALING A BENEFITS CERTIFICATE An appeal is heard by the Appeals Tribunal, not the CRU. The appeal papers are initially filed with the CRU however. An appeal is made by a compensator to the CRU to have one or more benefits removed entirely or to have the period or amount of benefits shown on a certificate reduced. An appeal can only be brought after settlement of the claim and repayment of benefits in full. The appeal hearing is chaired by a Tribunal Chairperson who will be a qualified lawyer. The Chairperson will typically be assisted by a medical expert. The Tribunal may reach a decision 11

14 by consideration of the papers only, or following an oral hearing. If the latter, the Tribunal will hear submissions from both the DWP and the Compensator s representative before reaching a decision. You will be asked if you require an oral hearing. Oral hearings are preferable if the sums involved are more than trivial. The time limit for an appeal is one month from payment of benefits. There are only very limited circumstances where an appeal can still be made after this time. This relies upon the goodwill and discretion of the tribunal in permitting the appeal to continue. The grounds for an appeal against the Benefits Certificate are that: The amount, rate or period of benefits shown on the Certificate is wrong. The Certificate shows benefits not paid as a result of the accident, injury or disease. Benefits have been included to which the claimant should not have been entitled at all. The accident or injury need not be the only, but must be a significant cause of the claimant receiving benefits for the benefits to be recoverable from the compensator. If the relevant accident or injury is not an effective or significant cause of the payment of benefits, e.g. it did not change the claimant s pre-existing disability or restrictions, an appeal has a good chance of success. If your evidence is supportive and there is a valid reason to prefer your evidence, an appeal is viable. You do not need overwhelming evidence to succeed with an appeal. It is assessed on the balance of probabilities. You are obliged to submit all medical evidence exchanged in the case with your appeal (not just favourable evidence), together with Statements of Case, Schedule of Loss/Counter- Schedule, witness evidence and any other relevant evidence. The most common ground of appeal is that the period of accident-related symptoms ended prior to the relevant period, for example an acceleration case where the period of acceleration terminated prior to the end of the relevant period. 12

15 The CRU Review Section will consider an appeal and may make a partial refund or change the Benefits Certificate. If you are not satisfied with their response, you must notify them within one month. The CRU will then prepare their submission and send appeal papers to the Tribunals Service to arrange the oral hearing. SEEKING A REVIEW OF AN NHS CHARGES CERTIFICATE An NHS Charges review is a request from a compensator to the CRU to change the period or amount of NHS charges shown on a Certificate. A review is requested in writing. The time limit for a review of the NHS Charges Certificate is at any time before settlement or within three months of payment of damages to the claimant or later receipt of an NHS Charges Certificate. You should set out succinctly why the Certificate is wrong or the NHS charges or some of them should not be included. Send the CRU any medical evidence and refer them to the key points. A review will succeed where: There is an obvious mistake in the preparation of the Certificate. The amounts of charges on the Certificate are too high. A ground of appeal is satisfied. Don t be put off appealing NHS charges where a review fails on the same grounds/on the same evidence, as the grounds of appeal are broader. A valid appeal often succeeds, where a valid review has failed. Remember that an appeal is heard by an independent Appeals Tribunal. 13

16 NHS CHARGES AND CONTRIBUTORY NEGLIGENCE: WHAT CAN YOU DO? Unlike with recoverable benefits, a finding of contributory negligence will reduce the NHS charges payable, e.g. a finding of 25% contributory negligence will reduce the NHS charges by 25%. This may make securing a finding of contributory negligence very beneficial. Even where a global settlement can be achieved, if the NHS charges are significant, it is worth pushing your opponent for a finding of contributory negligence. A reduction in the NHS charges due to a finding of contributory negligence is achieved by seeking a review on grounds of contributory negligence of the NHS Charges Certificate after settlement of the case but before payment of NHS charges. You must send to the CRU evidence of the liability split. The CRU will only consider a review on grounds of contributory negligence after settlement of the whole case (liability and damages). You do not need to pay the NHS charges before seeking a review on grounds of contributory negligence. A review request on grounds of contributory negligence must be made within three months of payment of damages. If accepted, the CRU will send a revised Certificate, showing the reduced amount of NHS charges payable. It is acceptable to calculate the revised amount of NHS charges and send a cheque for that sum, together with and in anticipation of a successful review request. NHS CHARGES AND MULTIPLE DEFEFNDANTS Unlike benefits, but in a similar way to contributory negligence, NHS charges can be apportioned between compensators (co-defendants) provided that the CRU is provided with evidence to reflect the liability agreement reached between the defendants. 14

17 APPEAL OF AN NHS CHARGES CERTIFICATE: An appeal of NHS charges can be made by a compensator to the CRU to have one or more elements of the NHS charges removed entirely or to have the period or amount of charges shown on a Certificate reduced. This can only be made after settlement and payment of NHS charges. The time limit for an appeal of NHS charges is three months from payment of damages or later receipt of an NHS Charges Certificate. There are very limited or special circumstances where an appeal can still be made after this time and this relies upon the goodwill and discretion of the tribunal in permitting the appeal to continue. This is subject to a one year long-stop after which an appeal will be refused outright. The main grounds for an appeal against the NHS Charges Certificate are that: The amount of the NHS charges is incorrect. It includes non-nhs hospital treatment charges or charges not as a result of an accident or injury, e.g. treatment received for other reasons. It would be a valid ground of appeal to demonstrate that the claimant would have received the treatment and therefore incurred the NHS charges irrespective of the accident. 15

18 Notes 16

19 Key contacts Greg Woods Partner Sheffield Telephone: Paul Morris Solicitor Birmingham Telephone:

20

making a road traffic accident claim

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

More information

Compensation Recovery Unit. Z2 - Mandatory reconsideration and appeal guide for recovery of benefits and/or lump sum payments

Compensation Recovery Unit. Z2 - Mandatory reconsideration and appeal guide for recovery of benefits and/or lump sum payments Compensation Recovery Unit Z2 - Mandatory reconsideration and appeal guide for recovery of benefits and/or lump sum payments October 2013 1 Contents Compensation recovery scheme... 3 If you want the Compensation

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

Conditional Fee Agreement: What You Need to Know

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

More information

Conditional Fee Agreement: What You Need to Know

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

More information

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 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

More information

COMPENSATION RECOVERY

COMPENSATION RECOVERY COMPENSATION RECOVERY The recovery of social security or NHS injury benefits from a compensation award following legal action can seem very unfair, especially if your case took a long time to reach a conclusion.

More information

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13,

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13, SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 April 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse mesothelioma.)

More information

Your Guide to Pursuing a Personal Injury Claim

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

More information

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013

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

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

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 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

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

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

More information

EWART PRICE SOLICITORS ROAD TRAFFIC ACCIDENTS - NOTES FOR CLAIMING FOR PERSONAL INJURY AND OTHER UNINSURED LOSSES

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

More information

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 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

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only]. Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In

More information

Conditional Fee Arrangements, After the Event Insurance and beyond!

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

More information

NHS Injury Benefit Scheme Employer Guidance TIA

NHS Injury Benefit Scheme Employer Guidance TIA Injury Benefits Scheme NHS Injury Benefit Scheme Employer Guidance TIA Employer Guidance Temporary Injury Allowance (TIA) V4 10/2012 1 Employers should do all they reasonably can to identify cases where

More information

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.

More information

Damages comprise of two main elements; solatium and patrimonial loss (special damages).

Damages comprise of two main elements; solatium and patrimonial loss (special damages). A note on damages in Personal Injury Cases Contents AnoteonDamagesinPersonalInjuryCases.1 Solatium 1 Whatisneededforaclaimofsolatium? 1 PatrimonialLoss(specialdamages)..1 Pastwageloss..2 Futurewageloss.2

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

GADSBY WICKS SOLICITORS FUNDING THE CLAIM

GADSBY WICKS SOLICITORS FUNDING THE CLAIM FUNDING THE CLAIM This is an important issue because we know that many people are understandably very worried about incurring legal costs. But there is no need to worry about costs. Because of changes

More information

HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS

HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS HER MAJESTY S COURTS SERVICE (HMCS) Part of the Ministry of Justice (MoJ) CIVIL COURT FEES A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS June 2007 The Association of Personal Injury Lawyers

More information

3.09 Injury andassault

3.09 Injury andassault 3.09 Injury andassault This policy is about what happens if you suffer injury while at work and the actions that your and NICS must take if this occurs. The policy also details some of the payments that

More information

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 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

More information

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500 www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience

More information

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. 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

More information

In order to prove negligence the Claimant must establish the following:

In order to prove negligence the Claimant must establish the following: Introduction A wealth of law exists to provide compensation to people who have suffered injuries, both physical and psychological, following an accident. This fact sheet provides a very brief guide to

More information

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS

More information

This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully.

This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. Conditional Fee Agreement - For use in personal injury cases, but not clinical negligence This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything

More information

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 Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents PROTOCOLS I INTRODUCTION Definitions 1.1 In this Protocol (1) claim means a claim, prior to the start of proceedings,

More information

guide to legal services

guide to legal services guide to legal services Contents Introduction 1 Legal Advice (Personal Matters) 2 What is Legal Advice? 2 How is Legal Advice obtained? 2 What Information does NIPSA HQ need? 3 Issue and Completion of

More information

The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows

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

More information

MAKING A PERSONAL INJURIES CLAIM*

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

More information

Medical Negligence. A client s guide

Medical Negligence. A client s guide Medical Negligence A client s guide What is medical negligence? This note is intended to give you a broad outline about medical negligence (sometimes called clinical negligence) cases. It is not a substitute

More information

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE

A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE A CLIENT GUIDE TO PART 36 - OFFERS TO SETTLE Part 36 is a provision in the Civil Procedure Rules ( CPR ) designed to encourage parties to settle disputes without going to trial. Under Part 36, both claimants

More information

A Guide To Claiming Compensation For Clinical Negligence

A Guide To Claiming Compensation For Clinical Negligence A Guide To Claiming Compensation For Clinical Negligence Introduction In order to bring a claim for Clinical Negligence, it is necessary to establish that the Doctor or Nurse involved in your medical treatment

More information

What is my claim worth?

What is my claim worth? What is my claim worth? This is probably the most common and important question asked by a Claimant pursuing a personal injury claim. At the end of the day, it is the recovery of compensation for the injury

More information

4 If you injure yourself or contract an illness at work on or after 31 st March 2013 you may be eligible for Injury Allowance and should read Part A

4 If you injure yourself or contract an illness at work on or after 31 st March 2013 you may be eligible for Injury Allowance and should read Part A Injury Allowance: A Guide for staff Introduction 1 NHS staff who are injured or become ill due to their employment may be entitled to financial assistance if their pay is reduced as a result of their health

More information

The New CFA and DBA Regime. Simon Edwards

The New CFA and DBA Regime. Simon Edwards The New CFA and DBA Regime Simon Edwards CFAs post 1 April 2013 Section 58A (6) Courts and Legal Services Act 1990 (CLSA) provides that a costs order made in proceedings may not include provision requiring

More information

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689 EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013 2013 No. 689 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament by Command of

More information

professional negligence:

professional negligence: professional negligence: Conditional Fee Agreements (CFAs) Explained For CFAs not involving personal injury or clinical negligence, entered into from 1 April 2013. There is no avoiding the fact that court

More information

Injury Allowance a guide for staff

Injury Allowance a guide for staff Injury Allowance a guide for staff Introduction 1 NHS staff who are injured or become ill due to their employment may be entitled to financial assistance if their pay is reduced as a result of their health

More information

Covering Disease costs NIHL and pre-action disclosure date. Part 36 offers in multi-defendant cases and quantum in mesothelioma claims

Covering Disease costs NIHL and pre-action disclosure date. Part 36 offers in multi-defendant cases and quantum in mesothelioma claims This is the first of our revamped monthly updates with its focus on disease issues. The aim is to provide a quick snapshot of topical issues and recent cases for the busy Disease Practitioner. We always

More information

Personal Injury Claims

Personal Injury Claims Dawn Cardwell - dcardwell@hamers.com Robert Holroyd - rholroyd@hamers.com Jeremy Rea - jrea@hamers.com Paul Richardson - prichardson@hamers.com Jim Wyatt - jwyatt@hamers.com Freephone: 0800 591 999 5 Earls

More information

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,

More information

Conditional fee agreements. A client s guide

Conditional fee agreements. A client s guide Conditional fee agreements A client s guide Private funding a deterrent No win, no fee agreements are legally known as Conditional Fee Agreements. Conditional Fee Agreements are a way of funding personal

More information

Fleet Legal Guard. Policy Wording

Fleet Legal Guard. Policy Wording Fleet Legal Guard Policy Wording What s inside... Introduction 3 What to do if you need to make a claim 4 Legal helpline 5 Claims for compensation 10 Claims for physiotherapy 12 Terms and Conditions 13

More information

PERSONAL INJURY COMPENSATION CLAIM GUIDE

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

More information

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity

1.2 Analyse matters to be considered by the judge when awarding damages for pain, suffering and loss of amenity Title Damages, Settlement and Costs in Personal Injury Cases Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand

More information

What if I just spend all of my personal injury payment? 5

What if I just spend all of my personal injury payment? 5 INDEX Page number A. WHAT IS A PERSONAL INJURY TRUST? 1 B. ESTABLISHING WHETHER A TRUST IS REQUIRED What is community care support? 1 Which benefits are means-tested? 1 Do I need to become the beneficiary

More information

www.saffroninsurance.co.uk Motor claims assistance When things don t go to plan, we go to work.

www.saffroninsurance.co.uk Motor claims assistance When things don t go to plan, we go to work. www.saffroninsurance.co.uk Motor claims assistance When things don t go to plan, we go to work. Motor claims assistance In the event of a claim, experienced specialists are on hand to ensure that your

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 2nd July 2014 Issue: 025 Part 36 As can be seen from the case of Supergroup Plc v Justenough Software Corp Inc [Lawtel 30/06/2014] Part 36 is still the subject of varying interpretations.

More information

CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015

CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015 CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015 Published by the STATES GREFFE for the HOME AFFAIRS DEPARTMENT Page - 2 CRIMINAL INJURIES COMPENSATION

More information

Injury Allowance a guide for employers

Injury Allowance a guide for employers Injury Allowance a guide for employers Introduction 1 Section 22 of the NHS terms and conditions of service handbook contains provisions for a new allowance known as the Injury Allowance that is effective

More information

Personal injury compensation in the Bonsoy Class Action

Personal injury compensation in the Bonsoy Class Action MAURICE BLACKBURN LAWYERS Personal injury compensation in the Bonsoy Class Action Understanding the settlement process, your rights and responsibilities Maurice Blackburn Offices in New South Wales, Victoria,

More information

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG LC Paper No. CB(2)517/05-06(01) SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG 1. This is a submission of the Recovery

More information

THIRD PARTY ASSISTANCE CLAIMANT GUIDE. May 2010

THIRD PARTY ASSISTANCE CLAIMANT GUIDE. May 2010 THIRD PARTY ASSISTANCE CLAIMANT GUIDE May 2010 THIRD PARTY ASSISTANCE CLAIMANT GUIDE 2 Injured as the result of a recent accident? How the other side s insurer can assist you If you have been injured,

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

MOTOR VEHICLE COMPENSATION CLAIM SUCCESS

MOTOR VEHICLE COMPENSATION CLAIM SUCCESS MOTOR VEHICLE COMPENSATION CLAIM SUCCESS 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM 6 WAYS TO RUIN YOUR MOTOR VEHICLE COMPENSATION CLAIM In this guide, we have outlined the 6 most common ways

More information

A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE

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

More information

The Jackson Reforms Jan Thompson, Director

The Jackson Reforms Jan Thompson, Director The Jackson Reforms Jan Thompson, Director In response to the perceived compensation culture in our civil justice system, the government has announced their intention to implement the majority of Lord

More information

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS

GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS GUIDE TO PERSONAL INJURY/ACCIDENT CLAIMS At Richard Grogan & Associates we have Solicitors with significant experience and expertise who will advise and guide you through all matters relating to bringing

More information

MOTOR VEHICLE ACCIDENT CLAIMS ACT

MOTOR VEHICLE ACCIDENT CLAIMS ACT Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s

More information

responses State Pension Credit Refusal to specify an AIP Income Support date of claim/evidence requirements

responses State Pension Credit Refusal to specify an AIP Income Support date of claim/evidence requirements Contents APPENDIX 7 Examples of appeal responses Contents Example 1 Example 2 Example 3 Example 4 Example 5 Example 6 Example 7 Example 8 Example 9 Example 10 Example 11 Example 12 Example 13 Example 14

More information

Clinical negligence. Grounds

Clinical negligence. Grounds Clinical negligence Clinical negligence occurs when the care or treatment the Claimant received from a health service provider was below the standard that is expected. This test was established in the

More information

CONDITIONAL FEE AGREEMENTS GUIDANCE

CONDITIONAL FEE AGREEMENTS GUIDANCE Disclaimer In all cases solicitors must ensure that any agreement with a client is made in compliance with their professional duties, the requirements of the SRA and any statutory requirements depending

More information

Council Tax Debt Recovery Policy

Council Tax Debt Recovery Policy Council Tax Debt Recovery Policy Contents 1. Legal Framework 2. Demand Notice 3. Joint & Several Liability 4. Instalments 5. Methods of Payment 6. Reminder/Final Notices 7. Summons 8. Liability Order/Request

More information

The 2013 Ministry of Justice Reforms: A Practical Guide for Clients Garwyn Group

The 2013 Ministry of Justice Reforms: A Practical Guide for Clients Garwyn Group The 2013 Ministry of Justice Reforms: A Practical Guide for Clients Garwyn Group 1 What are the reforms? The Ministry of Justice Reforms are an interlocking package of measures designed to accelerate the

More information

The extended RTA Protocol Claims submitted from 31 July 2013 Guide for claims handlers

The extended RTA Protocol Claims submitted from 31 July 2013 Guide for claims handlers The extended RTA Protocol Claims submitted from 31 July 2013 Guide for claims handlers Introduction This guide provides an at a glance review of the updated Protocol. The original Pre-Action Protocol for

More information

C.M. Haughey Solicitors Compensation Guide

C.M. Haughey Solicitors Compensation Guide C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located

More information

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1 Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the

More information

THE RECOVERY OF HEALTH SERVICES COSTS IN ALL CASES INVOLVING PERSONAL INJURY COMPENSATION A CONSULTATION ON THE DRAFT REGULATIONS

THE RECOVERY OF HEALTH SERVICES COSTS IN ALL CASES INVOLVING PERSONAL INJURY COMPENSATION A CONSULTATION ON THE DRAFT REGULATIONS THE RECOVERY OF HEALTH SERVICES COSTS IN ALL CASES INVOLVING PERSONAL INJURY COMPENSATION A CONSULTATION ON THE DRAFT REGULATIONS September 2006 THE RECOVERY OF HEALTH SERVICES COSTS IN ALL CASES INVOLVING

More information

How to take a small claim to the County Court.

How to take a small claim to the County Court. Constables Central Committee How to take a small claim to the County Court. POLICE FEDERATION OF ENGLAND AND WALES CONSTABLES CENTRAL COMMITTEE 19 Langley Road Surbiton Surrey KT6 6LP INTRODUCTION Small

More information

LAWYERS New South Wales & Victoria. A transport accident is an incident directly caused by a motor car or motor vehicle, a railway train, or a tram.

LAWYERS New South Wales & Victoria. A transport accident is an incident directly caused by a motor car or motor vehicle, a railway train, or a tram. LAWYERS New South Wales & Victoria Transport Accident Commission (TAC) Claims FREQUENTLY ASKED QUESTIONS What is a transport accident? A transport accident is an incident directly caused by a motor car

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

Personal Injury Compensation Guide. Winston Solicitors LLP

Personal Injury Compensation Guide. Winston Solicitors LLP Personal Injury Compensation Guide Winston Solicitors LLP Compensation guide Here we provide a simple, plain speaking guide to no win no fee compensation claims for personal injuries in the UK. If you

More information

Industrial Injuries Disablement Benefit (IIDB) 2. Benefits to Replace Basic Earnings 9. Compensation from your employer 12

Industrial Injuries Disablement Benefit (IIDB) 2. Benefits to Replace Basic Earnings 9. Compensation from your employer 12 Industrial Injuries Disablement Benefit (IIDB) 2 Benefits to Replace Basic Earnings 9 Compensation from your employer 12 Benefits to Top up a Low Income 16 Benefits to Assist with Walking 17 Benefits to

More information

Response of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09

Response of Browne Jacobson LLP (Solicitors) Civil Law Reform Bill - CP53/09 Response of Browne Jacobson LLP (Solicitors) - CP53/09 February 2010 Contents Contents... 2 Introduction... 3 Browne Jacobson LLP... 3 Interest in the Consultation... 3 The Response... 3 Summary... 4 Response

More information

briefing Guide to litigation funding

briefing Guide to litigation funding briefing Guide to litigation funding The potential cost of litigation can be a major deterrent to bringing or defending legal proceedings even where there is a good chance of succeeding. Cost can be the

More information

Accidents at Work. Everything you need to know

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

More information

ACCIDENTS AT WORK. Summary of the law on

ACCIDENTS AT WORK. Summary of the law on Summary of the law on ACCIDENTS AT WORK The law says that employers are responsible for the safety of their workers at work. Workers have an obligation to look after themselves as well, but employers have

More information

Retainer Agreement and Information Personal Injury Contingent Fee

Retainer Agreement and Information Personal Injury Contingent Fee Retainer Agreement and Information Personal Injury Contingent Fee This document is a supplement to practicepro's managing the finances of your practice booklet. It reviews the steps you can take to better

More information

Liquor. (Occurrence Form)

Liquor. (Occurrence Form) Liquor LIABILITY INSURANCE POLICY (Occurrence Form) 95A Turnpike Road Westborough, MA 01581 (508) 366-1140 THIS POLICY JACKET WITH THE Liquor LIABILITY POLICY FORM, DECLARATIONS PAGE AND ENDORSEMENTS,

More information

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation

www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide

More information

Mesothelioma & Asbestos Disease Claims

Mesothelioma & Asbestos Disease Claims www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Mesothelioma & Asbestos Disease Claims A guide for clients Head and shoulders above the rest in terms

More information

GUIDELINES FOR SOLICITORS DEALING WITH INJURIES BOARD CLAIMS

GUIDELINES FOR SOLICITORS DEALING WITH INJURIES BOARD CLAIMS GUIDELINES FOR SOLICITORS DEALING WITH INJURIES BOARD CLAIMS 1 INTRODUCTION When the Personal Injuries Assessment Board (now known as the Injuries Board ) first came into being in 2004 following the passing

More information

WORKPLACE ACCIDENT CLAIMS A GUIDE TO YOUR ENTITLEMENTS

WORKPLACE ACCIDENT CLAIMS A GUIDE TO YOUR ENTITLEMENTS WORKPLACE ACCIDENT CLAIMS A GUIDE TO YOUR ENTITLEMENTS This guide includes the following: Who is a worker? What is the Victorian WorkCover Authority? Who can make a WorkCover claim. When is employment

More information

Guide to dispute resolution

Guide to dispute resolution Guide to dispute resolution Contents Introduction Terminology The aim of this guide Funding Our charges Estimates Expenses Conditional fee arrangements Contingency fee arrangements Insurance Steps prior

More information

Civil Justice for Victims of Crime in England and Wales

Civil Justice for Victims of Crime in England and Wales This booklet was published with the generous support of Warren Collins Birmingham, Bristol, Cardiff, Newcastle, Lancaster, Leeds, London, Manchester, Sheffield and Wimbledon. www.simpsonmillar.co.uk Telephone:

More information

What is a Trust? Benefits Regime

What is a Trust? Benefits Regime What is a Trust? A trust is a manner in which assets are held by individuals or entities for the benefit of others. The trust assets (in this case any interim, final lump sum or periodical payments arising

More information

Loan Car Legal Cover Terms and Conditions

Loan Car Legal Cover Terms and Conditions Loan Car Legal Cover Terms and Conditions As a Loan Car Driver, you also benefit from legal expenses cover. Legal expenses cover pays the legal costs and expenses of any legal proceedings to recover uninsured

More information

CPSU INCOME PROTECTION SCHEME

CPSU INCOME PROTECTION SCHEME CPSU INCOME PROTECTION SCHEME MEMBER INFORMATION BOOKLET June 2007 CONTENTS Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Object of the Scheme Scheme Benefits Cost of Scheme Membership

More information

Guide to litigation costs and funding

Guide to litigation costs and funding Guide to litigation costs and funding Contents Introduction Legal Aid Before the Event Insurance (BTE) Third Party Funding Paying for the claim yourself Alternative Billing Models (ABM) After the Event

More information

Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance

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

More information

FIXED COSTS PART 45. Contents of this Part

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

More information

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers

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

More information

Guidance notes for clients

Guidance notes for clients MWR Solicitors A legal guide ACCIDENT CLAIMS: Guidance notes for clients Lawyers for life CONTENTS Client Care Policy 5 Standards of Service 5 What We Need From You 6 What We Have To Show In Order For

More information

RULE 39 OFFER TO SETTLE

RULE 39 OFFER TO SETTLE RULE 39 OFFER TO SETTLE Definitions (1) In this rule: Where available "defendant" includes "respondent"; "double costs" means double the fees allowed under Rule 60(2) and includes the disbursements allowed

More information