SOLICITORS PERSONAL INJURY & CLAIMANT LITIGIOUS WORK

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1 SOLICITORS PERSONAL INJURY & CLAIMANT LITIGIOUS WORK 2011 This questionnaire is intended to provide underwriters with the information they require in order to understand how you control Personal Injury work. In previous years some insurers were very cautious about insuring any Practice with a significant volume of Personal Injury work. However, others were prepared to reduce premiums for Practices with a careful approach to this work. The information requested will help insurers to assess the risk of a claim more accurately which may lead to lower premiums.

2 Title of Practice(s) 1. (a) Please provide the following details in respect of the Firm s claimant litigious (excluding personal injury) work over the past three annual accounting periods.. of Cases Largest Settlement Average Settlement Please provide the following details in respect of the firm s Personal Injury work over the past three annual accounting periods. of cases rejected by you of cases which were Trade Union funded of cases forming part of a Class Action Largest Settlement Average Settlement (c) How many open personal injury cases does your practice currently have? (d) (e) What percentage of all litigation settlements in the last accounting period were less than 50,000? In respect of Personal Injury work, please provide a split of your gross fee income for the last accounting period, between: (i) (ii) Claimant Defendant (f) Please give the percentages of your Personal Injury work in the following categories: (i) Clinical Negligence (ii) Occupational Disease (iii) Employees/Public Liability (iv) Road Traffic Act (v) Others* * Please provide details if more than 5 of the total. Section 1(e, v) Others (Contd) (g) Have you ever undertaken industrial disease or clinical negligence work? If yes, please provide details PI/SOLS/Personal Injury & Claimant Lit/2011 2

3 (h) Do you regularly review all Vibration, White Finger, Bronchitis and Emphysema or other industrial disease scheme cases? N/A (i) Have you complied with industrial disease deadlines for lodging claims? N/A (j) Are you, or have you been in the past five years, part of any referral network, claims management companies, their agents or any promotion group? If please provide name(s) and full details If to (j) above do you pay, or have you paid, (for this work) referral fees which has been met or reimbursed by any organisation other than from the Practice s office account? (k) If you accepted referrals from The Accident Group or TAG, have you discussed the insurance implications with (a) your broker? your specialist lawyer? 2. (a) Please advise the proportion of claimant litigious (including personal injury) cases over the past three annual accounting periods which was undertaken on a Conditional Fee Arrangement or similar fee basis, or backed by After The Event (ATE) insurance arranged through (or on the basis of a review conducted by) the Firm. on a CFA basis ATE backed BTE backed (c) What percentage of your personal injury and claimant litigation work is backed by Before the Event (BTE) insurance over the past three accounting periods? Please identify the Legal Expenses insurers (ATE or BTE) used by you in the past five years. PI/SOLS/Personal Injury & Claimant Lit/2011 3

4 (d) Has the Firm or any Prior Practice ever acted as a panel solicitor reviewing cases on behalf of any ATE insurer? If, please provide details. (e) Please name any ATE insurance provider that you place more than 20 of your business with and specify the percentage in each case. (f) Has the Firm or any Prior Practice ever conducted cases backed by ATE insurance where each case was not individually reviewed by the ATE insurer prior to acceptance? If, please provide details. (g) Have your files been audited or has an audit been proposed by any underwriters or funders? If, please provide details, including copies of all correspondence relating to any audit or proposed audit. (h) Do your receive, or have you received, any time in the last three years, any commission or other financial incentive from any insurer? If, please provide details. Please provide a copy of any standard letter that you have advising clients about the choice of ATE insurer and any commissions, financial incentives or similar that you receive. (i) Do you use any particular provider for expert reports in more than 20 of your cases? If, please provide full details, including identity or provider, percentage of cases and background to the level of instructions. PI/SOLS/Personal Injury & Claimant Lit/2011 4

5 3. (a) Do you have standard procedures in place to ensure that diary dates are kept and that cases are monitored? Do you formally vet each case before accepting it? (c) Is each new case accepted seen by a Partner before acceptance of it by you? If, how do you maintain control of the acceptance? (d) Please state the number of fee earners in your practice who undertake or have undertaken personal injury work. Solicitors Other qualified fee earners n-qualified fee earners Last Year Prior Year (-1) Prior Year (-2) (e) What is the minimum qualification that is acceptable to you for employees who handle Personal Injury work? (f) How many fee earners undertaking personal injury work are members of APIL? (g) What is the maximum number of cases allocated to any Partners or employee during a 12 month period? Do you have supervision or delegation procedures in place? How are these procedures enforced? (h) Does the Practice plan any changes in the next 12 months which will alter the Practice s ability to handle Personal Injury cases? Section 3(h) Changes Planned If, please outline the changes planned. PI/SOLS/Personal Injury & Claimant Lit/2011 5

6 DECLARATION We declare that the statements in this questionnaire are true and are not misleading in any way. Should there be any material alteration to these facts before cover attaches we will inform insurers of these changes. We understand that this questionnaire will be included in the policy as part of our proposal for insurance and we accept that it imposed the same obligations on us as the main proposal. SIGNATURE PRINT NAME PRINT POSITION IN PRACTICE DATE PI/SOLS/Personal Injury & Claimant Lit/2011 6

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