Nick Pargeter Partner, BLM
|
|
- Josephine Ward
- 8 years ago
- Views:
Transcription
1 Impact of Civil Justice reforms on disease claims Nick Pargeter Partner, BLM construction & property corporate risks healthcare insurance & indemnity leisure public sector retail technology, media & telecoms transport
2
3
4 ELTO The Employers Liability Tracing Office (ELTO) is set up to provide claimants and their representatives with quick and easy access to a central database of Employers Liability (EL) policies through an online enquiry facility, helping them to find their employer s EL insurer ELTO has replaced the previous voluntary Employers' Liability Code of Practice (ELCOP) tracing service, which was in place since 1999 The EL database (ELD) launched in April 2011 and contains all new and renewed EL insurance policies, policies from before April 2011 which have new claims made against them and policies that have been and will continue to be identified through the tracing service The ELD will also capture additional information such as Employer Reference Numbers (ERNs) for employers, which should make search results more thorough
5
6
7 Mesothelioma Scheme Only those who cannot trace insurer or other solvent tortfeasor will be eligible Payment will be by age based tariff - set between the PWCA figures and common law value Scheme will be fault based Fixed costs will be paid ELTO membership compulsory for all insurers including those in run off Government has committed to delivering a mesothelioma specific pre action protocol
8
9 J-Day implementation of Jackson s reforms scheduled for 1 April 2013 Balance 1 the ending of the recovery of success fees from defendants with a 10% uplift on general damages (for all personal injury and disease cases). Balance 2 the ending of the recovery of ATE insurance premiums with the introduction of a regime of qualified one-way costs shifting (QOCS) in favour of claimants. QOCS claimants should not generally be at risk of paying defendants costs, even if they lose or discontinue. The exceptions to this would be cases in which:- the claim is fraudulent, or it is struck out, or the claimant fails to beat the defendant s Part 36 offer. Additional 10% of damages for defendant failing to beat claimant s offer to settle
10 Mesothelioma Claims impact of LASPO Act 2012 & general damages uplift - as understood at 10 th October 2012 general damages will the claim conclude after 1 st April 2013? yes no general damages to increase by 10% per Simmons v Castle, CA 26 th July 2012 there should be no increase in general damages is it an EL claim for diffuse mesothelioma? yes no (ie it s a PL claim) success fee uplift recoverable if CFA entered into before 1 st April 2013 LASPO s44(6) ATE premium recoverable if policy entered into before 1 st April 2013 LASPO s48(3) trade union funding recoverable if entered into before 1 st April 2013 LASPO s47(2) additional liabilities in costs has the LC completed his his LASPO s48(1) review? yes no after 1 st April 2013 trade union funding will not be recoverable in these claims because it is not caught by the saving exception set out in LASPO s48 success fee uplifts and ATE premiums entered into before the s48(1) review is completed will be recoverable (the date of this review is not in any way linked to 1 st April 2013)
11 Extension to MOJ portal 25,000 EL/PL Disease? 30/45 days stage 1 period
12 Impact on disease claims for insurers
13 Defence costs recoveries BLM 1 July 2011 to 30 June 2012 Total recoveries settled Total costs claimed Total costs recovered % recovery 73 1,646, ,155, %
14 Claims settled before trial funded by CFA Recoverable Fixed Success Fee Asbestos related claims 27.5% Vibration White Finger 62.5% Noise induced hearing loss 62.5% Stress/RSI Claims 100% Any other type of claim 62.5%
15 1. Legal Expenses Insurance acts as a filter 2. Claimant lawyers will no longer recover a success fee from a defendant 3. Defendant lawyers will not (generally) be able to recover costs in successfully defended claims
16 New strategies required Commercial justification of defending a typical disease claim to trial cannot be made on the merits of an individual claim A claimant lawyer won t risk his fee if the chance of success is low but riskier claims will now be more attractive What if claimant representatives perceive a weakening of resolve of insurers and a tendency to buy-off disease claims?
17 Fewer NIHL claims More Stress/RSI claims Employers and insurers will reinforce their efforts to dispose of claims pre-litigation
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
More informationKey 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.
More informationThe Incorporated Law Society of Cardiff and District. Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick
The Incorporated Law Society of Cardiff and District Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick Agenda Legal Aid, Sentencing and Punishment of Offenders
More informationImplementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012
Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012 Alistair Kinley Partner & Head of Policy Development t: 020 7865 3350 e: alistair.kinley@blm-law.com construction
More informationWelcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly Mojhelpline@uk.zurich.com
Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly If you do not get a chance to raise a question during the Webinar, you can use our MOJ advice centre, simply e mail your query to: Mojhelpline@uk.zurich.com
More informationThe four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more. Tony Buss, Managing Director ARAG (UK)
The four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more Tony Buss, Managing Director ARAG (UK) 1 Comments on Jackson [The Government s] are seeking to strike
More informationHow To Change The Law In Germany
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
More informationGUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS
GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS MAKE SURE YOU GET INSURANCE Introduction Landlords faced with claims from tenants have also in the past had to often pay success fees where tenants
More informationLASPO. 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
More informationProposals for Reform of Civil Litigation Funding and Costs in England and Wales
Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Consultation Paper Response of JUSTICE February 2011 Q 1 Do you agree that CFA success fees should no longer be recoverable
More informationQBE 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
More informationClient 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 informationQBE 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
More informationBriefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill
Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Kennedys advocates the repeal of Amendments 132AA and 132AB added to the Legal Aid, Sentencing
More informationUpdate from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra
Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra 02 May 2013 Agenda Update from the UK asbestos working party Background and Introduction Recap on
More informationImpact Assessment (IA)
Title: Mesothelioma Pre-Action Protocol and Fixed Cost Regime IA No: MoJ 200 Lead department or agency: Ministry of Justice Other departments or agencies: Impact Assessment (IA) Date: 23 May 2013 Stage:
More informationBriefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee. An interlocking package of reforms
Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee An interlocking package of reforms March 2012 Briefing for Members of the Legal Aid, Sentencing and Punishment of Offenders
More informationCLAIMSadvisor. 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
More informationCONDITIONAL 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 informationT&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
More informationCivil litigation reforms Jackson one year on
Civil litigation reforms Jackson one year on Introduction 1 April 2013 saw a number of civil litigation reforms come into force. The reforms were spearheaded by Lord Justice Jackson and were heralded to
More informationLegal Watch What s on the horizon
Legal Watch What s on the horizon January 2014 Introduction Welcome to the first joint Plexus/Greenwoods review of what the next quarter holds for those involved in personal injury claims. In This Issue:
More informationThe 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 informationHAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS
HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS Personal Injury Stephen Nye & Satinder Bains Partners Irwin Mitchell LLP, Birmingham FACTS AND FIGURES The number of cases of mesothelioma, caused by asbestos,
More informationEmployer s Liability in a Practical Context
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An
More informationEXPLANATORY 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 informationLEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE
LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE 1. Executive summary The Bar Council s proposals for Part 2: Civil litigation funding and costs 1.1. The Bar Council
More informationThe 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.
More informationConditional Fee Agreement (CFA)
Conditional Fee Agreement (CFA) This agreement is a binding legal contract between you and your solicitor/s. Before you sign, please read everything carefully. This agreement must be read in conjunction
More informationT&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
More informationReforming mesothelioma claims. A consultation on proposals to speed up the settlement of mesothelioma claims in England and Wales
A consultation on proposals to speed up the settlement of mesothelioma claims in England and Wales Consultation Paper This consultation begins on 24 July 2013 This consultation ends on 2 October 2013 2
More informationLow value personal injury
Low value ersonal injury i claims: Extended ortal rules key facts The 65 th udate to the Civil Procedure Rules comes into force on 31 July 2013. Full details of the changes can be found below but the major
More informationConditional 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 informationWelcome to a Halloween special edition of the Disease Brief.
October 2012 Disease Brief Welcome to a Halloween special edition of the Disease Brief. I am delighted to be able to introduce this edition and share the thoughts and achievements of Kennedys disease lawyers
More informationCivil 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
More informationMOJ 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
More informationTHE JACKSON REFORMS. Lord Justice Jackson s review of Civil litigation costs and the impact on insurers. Nicola Billen. The Jackson Reforms
THE JACKSON REFORMS Lord Justice Jackson s review of Civil litigation costs and the impact on insurers Nicola Billen The Jackson Reforms The current civil justice system Costs generally Funding models
More informationYes No No Preference. To help provide context, we can share our experiences in other jurisdictions which have moved to more advanced models.
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
More informationCIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT
Introduction CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Submission by the Motor Accident Solicitors Society (MASS) March 2014 1. This response is prepared on behalf
More informationCivil Justice Council submissions Jackson, one year on
Civil Justice Council submissions Jackson, one year on 1. Introduction 1.1 Weightmans LLP is a top 40 law firm with 1,400 employees with one of the largest national defendant litigation solicitor practices
More informationBC 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
More informationCULTURE TACKLING THE COMPENSATION NOISE INDUCED HEARING LOSS CLAIMS. Improving the claims system for everyone
SECTION TACKLING THE COMPENSATION CULTURE NOISE INDUCED HEARING LOSS CLAIMS Improving the claims system for everyone 3 @BritishInsurers Follow us on Twitter @BritishInsurers TACKLING THE COMPENSATION CULTURE:
More informationCivil Litigation Reforms. March 2013
Civil Litigation Reforms March 2013 1 contents Introduction... 2 The Jackson Report... 4 Implementation...5 Referral fees... 6 Conditional Fee Agreements... 8 After the Event Insurance... 10 Damages Based
More informationImplementation of the Jackson Reforms. The key changes.
March 2013 Implementation of the Jackson Reforms. The key changes. Introduction On 1 April 2013, a large tranche of the reforms proposed by the 2010 review of civil litigation costs by Lord Justice Jackson
More informationThe Essential Guide to Civil Costs and Litigation Funding
The Essential Guide to Civil Costs and Litigation Funding Robin Dunne Barrister Clerksroom Chambers www.clerksroom.com Clerks: 0845 083 300 (24/7) E- mail: dunne@clerksroom.com Twitter:@Robin_Dunne About
More informationLUG Conference 7 th September 2010
LUG Conference 7 th September 2010 Towards an Employers' Liability Insurance Bureau? Alistair Kinley Head of Policy Development, BLM Business and legal risk services construction & property healthcare
More informationShort Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013
LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse
More informationINFORMATION 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
More informationOccupational 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
More informationDISCOVER: HISTORIC INSURANCE COVERAGE TRACING SERVICE
DISCOVER: HISTORIC INSURANCE COVERAGE TRACING SERVICE DISCOVER Historic insurance coverage tracing and claims handling service A product devised by Hill Dickinson to assist companies, brokers and insurers
More informationReforming mesothelioma claims:
Reforming mesothelioma claims: The Government response to consultation on proposals to speed up the settlement of mesothelioma claims in England and Wales This response is published on 6 March 2014 Reforming
More informationCovering 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 informationConsultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000
Consultation Document Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Response from: British Vehicle Rental and Leasing Association River Lodge Badminton
More informationAPIL/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 informationJackson 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
More informationCost of Preferred (or more likely) Option. Net cost to business per year (EANCB on 2009 prices)
Title: Mesothelioma Payment Scheme IA No: Lead department or agency: DWP Other departments or agencies: MoJ Impact Assessment (IA) Date: 06/03/2014 Stage: Final Source of intervention: Domestic Type of
More informationInformation 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
More informationCHANGES 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
More informationFIXED 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
More informationReforming mesothelioma claims
Reforming mesothelioma claims Kennedys response to a consultation on proposals to speed up the settlement of mesothelioma claims in England and Wales 2 October 2013 1 Table of contents TABLE OF CONTENTS...1
More informationAgenda. What Next For Noise Induced Hearing Loss Claims? Recent experience. The future for NIHL claims. Brian Gravelsons Gary Brankin 05/10/2015
What Next For Noise Induced Hearing Loss Claims? Brian Gravelsons Gary Brankin 05 October 2015 alette for PowerPoint colour tions palette ark blue 17 G52 B88 old 217 G171 B22 id blue 64 G150 B184 ight
More informationWelcome to the latest edition of Disease Brief from Kennedys Occupational Disease Unit.
May 2013 Disease Brief Welcome to the latest edition of Disease Brief from Kennedys Occupational Disease Unit. In this edition of Disease Brief, in addition to our usual general round up of news, we focus
More informationRTA Portal Update. Lesley Proctor. www.rtapiclaimsprocess.org.uk
RTA Portal Update Lesley Proctor www.rtapiclaimsprocess.org.uk Presentation Objectives How the RTA Portal works History Process Performance Impact How it would work for EL / PL Claims The future Building
More informationwww.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 informationREPORT 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
More informationSupreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50
Alerter 24 th July 2015 Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50 The Supreme Court has handed down its Judgment in Coventry v Lawrence in which it considered the
More informationAn 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
More informationGIRO40 8 11 October, Edinburgh
GIRO40 8 11 October, Edinburgh Bodily Injury Where next? Tim Jordan The MDU Cherry Chan Barnett Waddingham James Turner The MDU 14 October 2013 1 Questions Comments Expressions of individual views by members
More informationA response by the Association of Personal Injury Lawyers March 2014
Civil Justice Council The impact of the Jackson reforms on costs and case management A response by the Association of Personal Injury Lawyers March 2014 Page 1 of 10 Introduction 1. 2013 brought major
More informationConditional 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 informationWhether the government is correct in describing the UK as the whiplash capital of the world
Whiplash and the cost of motor insurance: what s behind the insurance industry claims Submission to the Transport Committee by Thompsons Solicitors April 2013 About Thompsons Thompsons is the UK s most
More informationHealth and Social Care Committee Recovery of Medical Costs for Asbestos Diseases (Wales) Bill RMCA12 Forum of Insurance Lawyers
Health and Social Care Committee Recovery of Medical Costs for Asbestos Diseases (Wales) Bill RMCA12 Forum of Insurance Lawyers Written submission to the National Assembly of Wales, Heath and Social Care
More informationPankhurst v White and MIB grotesque fee arrangements both sides paid the cost
Court of Appeal warning about no win no fee agreements Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost On the 15 th December 2010, the Court of Appeal fired a warning shot
More informationGuide 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 informationConsultation Response
Consultation Response Consultation on Recommendations for No-Fault Compensation in Scotland for Injuries Resulting from Clinical Treatment The Law Society of Scotland s response November 2012 The Law Society
More informationDAMAGES BASED AGREEMENTS AND CONTINGENCY FEES. Colm Barry
DAMAGES BASED AGREEMENTS AND CONTINGENCY FEES Colm Barry Both CFAs and DBAs are a type of contingency fee. Contingency fees generally are unlawful for contentious business except where permitted by statute.
More informationASSOCIATION 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 informationBar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper
Bar Council response to the Reducing Legal Costs in Clinical Negligence Claims pre-consultation paper 1. This is the response of the General Council of the Bar of England and Wales (the Bar Council) to
More informationHER 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 informationThe industry is delivering on its commitment to pass on savings to customers
TRANSPORT SELECT COMMITTEE INQUIRY COST OF MOTOR INSURANCE: WHIPLASH Evidence from the Association of British Insurers The Association of British Insurers (ABI) is the voice of the insurance and investment
More informationClinical Negligence Fixed Recoverable Costs Proposals Necessary or Not?
Clinical Negligence Fixed Recoverable Costs Proposals Necessary or Not? Introduction In July 2015 we published a paper regarding the NHS Litigation Authority Report and Accounts 2014/2015 ( the Report
More informationEXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES
EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES 4 th January 2013 INDEX 1 INTRODUCTION Page No. A Background 1 B Referral fees 2 C
More informationHow To Get After The Event Insurance For Clinical Negligence Litigation
After the Event Insurance for Clinical Negligence Litigation Advantage Legal expenses insurance experts ATE w Contents Temple Legal Protection After the Event Insurance from Temple Benefits of ATE Insurance
More informationDEFENDING 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/
More informationCosts Law Update Lamont v Burton
- The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants
More informationThe 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 informationOUTLOOK: PERSPECTIVES ON TOPICAL RISK AND INSURANCE ISSUES FOR UK CORPORATES
June 2013 MARSH INSIGHTS: OUTLOOK: PERSPECTIVES ON TOPICAL RISK AND INSURANCE ISSUES FOR UK CORPORATES Over recent months we have profiled several developments in relation to insurance claims specifically
More informationUK V US CLASS ACTIONS: WILL CHANGES TO THE UK COSTS REGIME RESULT IN MORE OR LESS CLAIMS?
UK V US CLASS ACTIONS: WILL CHANGES TO THE UK COSTS REGIME RESULT IN MORE OR LESS CLAIMS? Ben Hubble QC 4 New Square September 2013 UK & US: COMPARE & CONTRAST Some facts about the US In 2011: 188 federal
More informationINFORMATION 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
More information19 June 2015 Edition 99 BC DISEASE NEWS A WEEKLY DISEASE UPDATE
19 June 2015 Edition 99 BC DISEASE NEWS A WEEKLY DISEASE UPDATE CONTENTS PAGE 2 Welcome PAGE 3 Just 4% of CMC complaints Concern Personal Injury, Reveals Legal Ombudsman New Mesothelioma Bill Enters Parliament
More informationsuffered more severe injuries. Such injuries are likely to be, towards the upper limit, permanent.
CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE Chris Rafferty INTRODUCTION The proposed reforms of the RTA Portal Scheme have been few and far between to date, but are nevertheless worthy of
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES
COMMISSION OF THE EUROPEAN COMMUNITIES PROPOSAL FOR A DIRECTIVE AMENDING COUNCIL DIRECTIVES 72/166/EEC, 84/5/EEC, 88/357/EEC, 90/232/EEC AND DIRECTIVE 2000/26/EC ON INSURANCE AGAINST CIVIL LIABILITY IN
More informationLord Justice Jackson s Review of Costs Liability SIG Lunchtime Lecture 17 February 2010 - Manchester
Lord Justice Jackson s Review of Costs Liability SIG Lunchtime Lecture 17 February 2010 - Manchester Slide 1 Good afternoon Ladies & Gentlemen. Lord Justice Jackson s Review of Costs. Will it happen? Certainly
More informationFIXED 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 informationDamages Based Agreements: The Basics
Damages Based Agreements: The Basics The main provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force on the 1st April 2013 and promise to herald a major change
More informationThe Jackson Report - insurance industry myths and the reality for employers. Tom Jones Head of Policy & Public Affairs Thompsons Solicitors
The Jackson Report - insurance industry myths and the reality for employers Tom Jones Head of Policy & Public Affairs Thompsons Solicitors Background to Jackson Jackson Review of Civil Costs ordered in
More informationA Client s Guide: Noise Induced Hearing Loss
A Client s Guide: Noise Induced Hearing Loss Petherbridge Bassra Solicitors Vintry House 18-24 Piccadilly Bradford BD1 3LS Tel: 01274 724114 Fax: 01274 724161 mail@petherbridgebassra.com www.petherbridgebassra.com
More informationDepartment of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims
Department of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims A response by the Association of Personal Injury Lawyers June 2013 Page 1 of 8 The Association of Personal
More informationCOST AND FEE ALLOCATION IN CIVIL PROCEDURE: Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK
COST AND FEE ALLOCATION IN CIVIL PROCEDURE: REPORT FOR ENGLAND AND WALES Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK INTRODUCTION This short report deals with the areas
More informationProposals for Reform of Civil Litigation Funding and Costs in England and Wales
Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Kennedys response to the implementation of Lord Justice Jackson s recommendations 14 February 2011 Table of contents LEGAL
More information