Motor fraud update a legal perspective on the issue of tainting in road traffic accidents. Sarah Hill Partner, BLM Birmingham

Size: px
Start display at page:

Download "Motor fraud update a legal perspective on the issue of tainting in road traffic accidents. Sarah Hill Partner, BLM Birmingham"

Transcription

1 Motor fraud update a legal perspective on the issue of tainting in road traffic accidents Sarah Hill Partner, BLM Birmingham November 2008

2 Motor fraud update Over the past 12 months defence lawyers have seen an increase in judicial awareness of the problem of fraud and in particular the occurrence of contrived or fabricated claims in road traffic accidents. Traditionally defending suspected fraudulent whiplash claims has proven difficult for defence lawyers. The main reason for this is the judiciary s attitude towards personal injury litigation generally. The court will always start with the premise that a claimant who attends court to give evidence of his injury and loss does so with genuine honest and belief that that injury and loss has been suffered. Defence lawyers have therefore had to highlight to the judiciary that not all claimants are of an honest nature. It is unquestionable that the civil courts have seen a growth in dishonest claims. That has been the effect of the way in which personal injury litigation has developed over the past 10 years and the effective privatisation of personal injury litigation. Whiplash claims, by their very nature, are perceived by fraudsters as easy claims to fabricate in order to obtain monetary gain. Defence lawyers have attempted to persuade the judiciary over the years that claimants can and do bring dishonest claims and the judiciary has been asked to consider the legal penalties available to them when dealing with dishonest litigation. In a number of instances there has been a cross over between criminal and civil law with fraudulent road traffic accidents being referred to the police for investigation and prosecution. The actions taken by the insurance industry body, the Insurance Fraud Bureau in facilitating a partnership approach between insurers, regulatory bodies and law enforcement agencies has assisted in raising the profile of the number of fraudulent road traffic accidents. A news release on 15 October 2008 by the Insurance Fraud Bureau highlighted a major insurance fraud investigation by the metropolitan police. This followed the arrest of a director of an accident management company on for conspiracy to defraud UK motor insurers. On 11 th August 2008 a news article reported that a crash for cash gang had received a total of 10 years imprisonment following the sentencing of a 10 man gang in St Albans Crown Court on 4 August This was as a result of the gang being arrested and convicted of staging road traffic accidents. This type of publicity has undoubtedly highlighted the issue of motor fraud to the judiciary and where the judiciary is faced with an entirely fabricated road traffic accident supported by evidence the claims will be struck out the claimants penalised in costs and perhaps a referral to the Director of Public Prosecution on a fraud allegation. The judiciary have however had more difficulty in striking out genuine claims which may be tainted with an element of fraud. This has been highlighted recently with the development of case law in the area of tainting in bogus passenger. More simply put, why should a genuine claimant who assists in advancing a phantom passenger claim and who supports such a claim to trial, be entitled to an award for his own genuine loss. The issue of tainting has been a grey area in law for some time and as a result there has been a string of cases dealing with this issue over more recent years. The scenario that the court faces in these cases is one of a genuine accident where the genuine accident has been used as a spring board to present fraudulent claims. The courts frequently struggle with a defendant s argument that a claimant ought not to be awarded his genuine damages where one element of the claim is fraudulent. It is a constant struggle for the courts between the law of tort that is to say placing a party back into the position he was in prior to the negligence of another - and public policy. The public policy argument is one of abuse of court process i.e. using a genuine claim to advance a false claim is to abuse the court system. The difficulties the court faces when considering tainting arguments was highlighted in the more recent case of Churchill v Kelly (2007) EWHC 18. During his Judgment Justice Gibbs stated I am not persuaded that I should depart from the basic principle of law of negligence and disallow compensation for proven or admitted loss caused by a tort feasor. Motor fraud update_sfh_1108 1

3 This paper focuses on the court s historical attitude to the issue of tainting in personal injury cases. It will look at how the argument has been moved forward into the personal injury arena and highlight some of the more successful cases in this area. Finally the paper will consider current judicial trends and attitudes and consideration will be given to how such cases may be defended in the future. Historically courts have tended to award the genuine elements of a claimant s claim in those cases where the defendant s lawyers can prove by way of evidence that an element of the claim had been exaggerated or fabricated. The way in which the courts would deal with these cases is by striking out the element of the claim that was not genuine and in some instances penalising the claimant on costs for the claimant s conduct. Defence lawyers in personal injury cases began to look across at related fields of litigation, in particular insurance law and contractual principles in order to find arguments that could be extended into the personal injury arena. Perhaps one of the most well recognised cases in the case of Direct Line v Khan. Mr and Mrs Khan had taken out a policy of insurance with Direct Line for their household and contents insurance. On 8 January 2005 a fire occurred at the property and Mr and Mrs Khan lost certain amount of their possessions and had to move out. Mr Khan made a claim under the policy for rent alleged to be payable for alternative accommodation. He pretended that the property belonged to a friend, he forged a receipt for rent and the deposit alleged to have been paid to his friends for the accommodation. It subsequently transpired that Mr Khan owned this property. This was after Direct Line had made payments under the policy in the region of 72,000. Direct Line subsequently commenced proceedings to recover the amount paid on the basis that the claimant ought to forfeit all rights under the policy where a material part of the claim, which he makes is fraudulent. Direct Line succeeded in recovering their full outlay. In the more recent case of AXA v Gottlieb defence lawyers attempted to extend this principle from one claim under the policy to a number of claims made under the policy. Essentially, four claims were presented under a house and contents policy of insurance between Forged documents for false claims were presented in relation to two of the claims and AXA attempted to recover payments made in those two claims plus a further two claims where no fraudulent conduct had occurred. The Gottliebs advanced the argument that they ought to be entitled to receive a benefit under the policy on the unrelated two genuine claims and where there was no evidence of fraud. The court in the Gottlieb case was not willing to extend the principle and allow AXA to recover damages paid in relation to the two genuine claims. This really highlighted that the courts were still concerned to limit the scope of the arguments and in fact Justice Keen was quick to point out that fraudulent insurance claims is a special common law rule. As indicated earlier, however, defence lawyers and insurers have attempted to extend the principle adopted in the insurance claims through to personal injury claims. In those cases where one element of the claim presented can be shown to be fraudulent insurers began to use a number of arguments in the attempt to persuade courts that the claimant ought not to be entitled to any damages, not even the genuine damages. The armoury of arguments used by defence lawyers and insurers included the credibility argument. This is the argument that the claimant cannot be relied on as a witness of truth where he advances part of his claim which is fraudulent. If one part of his claim cannot be relied upon how can the entire claim be relied upon and it is the argument that it would be unjust and inequitable to allow any part of his claim to succeed. The difficulty with this argument is that there is no certainty in the argument and it is very much depended upon the view of the judge at trial. Sympathetic judges would often award personal injury compensation even where it could be proven that the claimant had fabricated the claim for example for hire, particularly if the injury is Motor fraud update_sfh_1108 2

4 one which could be objectively proven, such as a broken leg. Defence lawyers also used the arguments of abuse of court process and would attempt to persuade the court to use their case management powers under CPR 3.4 which would allow the court to strike out a statement of case if it appeared to the court that the statement of case disclosed no reasonable grounds for bringing the claim and that the statement of case was an abuse of the court s process or otherwise likely to obstruct the just disposal of the proceedings. Further the court under the Civil Procedure Rules 3.4 could strike out the claimant s statement of case if the claimant failed to comply with a rule, practice direction or court order. The court was even starting to be receptive to arguments about the claimant s illegal conduct. In claims where the claimant s illegal conduct resulted in the accident for instance, where the claimant was driving around uninsured and went on to have an accident, defendants would advance an illegality argument of ex turpi causa. That is to say the defendants would attempt to persuade the court that the claimant ought not to benefit from his illegal act. Although the argument was not successfully run in personal injury cases defence lawyers had some success in arguing that the claimant ought not to be entitled to other elements of his claim such as hire and storage as he was actually receiving a benefit for his illegal acts despite these losses being genuine. Finally the courts were in some instances persuaded by the public policy and public conscience argument that is to say if a claimant puts forward a fraudulent claim with genuine loss then that claimant ought not in public conscience to be entitled to recover the genuine element of his claim because he has deliberately abused the court process in bringing the fraudulent claim. The difficulty that defence lawyers have had is persuading the courts to adopt these arguments is that ultimately these arguments are discretionary arguments and therefore will be dependent upon a particular judge s attitude and acceptance of the arguments. There is no certainty in the arguments. The arguments represent a challenge to the judiciary and the judiciary frequently finds itself in a position where it has to balance the law with justice. But for some time defence lawyers were starting to be successful in persuading the courts that the tainting argument ought to be adopted and that the claimant ought not to recover the genuine heads of loss where a fraudulent head of loss is presented under the same claim in personal injury litigation. In the Ghalib Ghafar v Hadfield (2004) CC case the claimants supported a bogus passenger claim that had been presented. Despite the claimants genuinely being in the vehicle at the time of a genuine accident both claimants supported a claim for a bogus passenger. The defendant applied to strike out the claimants claims for damages for personal injury on the basis that the court should use their case management powers to strike out the claim because the claimants has falsely signed witness statements attesting to the presence of the bogus passenger and as such were in breach of their requirement under CPR1 to help the court to further the overriding objective of dealing with cases justly and further the claimants conduct was such that the court s discretion ought to be exercised in striking out the personal injury claims. Judge Phillips concluded that the claimant has substantially breached CPR Rule 1 by putting forward false witness statements to mislead the court with the objective of assisting to advance a fraudulent claim. Although the court was not minded to strike out the claim on the basis of the claimants conduct and on the basis of the abuse of court process, the court did go on to consider the claimants injuries and use the credibility argument by finding that there was no objective evidence that the claimants had sustained any injury and that their mis-conduct had increased their difficulty in proving that they had suffered an injury and therefore the claimants claims for personal injury failed. The Patel v Ali (2006) CC case was very similar, here four claims for injury were presented and at trial the Judge found that there were only two passengers in the first claimant s vehicle and not four as alleged at the time of the collision. Motor fraud update_sfh_1108 3

5 The judge, however, accepted that the first claimant was a genuine victim of the road traffic accident but he had repeatedly lied on oath and in witness statements and concluded with the other claimants to pervert the course of justice. The Judge continued with the line adopted in the Ghalib Ghafar v Hadfield (2007) CC case by providing a judgment that due to the lack of the genuine victim s honesty and credibility he could not prove on the balance of probabilities that he sustained an injury as a result of the accident and therefore was not awarded personal injury damages. The case of Bashir & Others (2007) CC again, involved the presentation of four injury claims arising out of a road traffic accident. Even though two of the passengers were able to prove that they had been in the claimant s vehicle at the time of the accident due to their involvement in the fraud the Judge remained in line with the Ghalib v Hadfield case and provided judgment that the claimants had deprived themselves of a recourse they might have had in damages. In the more recent case of Khan & Others v Hussain & Others (2007), the judge at first instance, despite finding one occupant and claimant was not present in the none fault vehicle at the time of the accident, still award those claimants who has supported the false claims their genuine damages to include their damages for personal injury. On appeal the Court of Appeal confirmed that the court had discretional powers under the Civil Procedure Rules and did have power to strike out genuine claims. The court proceeded to strike out the genuine claims. In fact defence lawyers were even seeing some success in arguing the illegality principle in road traffic accidents. In particular, a recent High Court decision of Agemphomg v Allied Manufacturers suggested that the court can be persuaded on arguments of illegality when looking at hire charges and storage charges. The facts of the case were that the claimant s vehicle was parked in London when it was struck by a motor vehicle driven by the defendant s employee. Despite the claimant having been paid the pre-accident value of his vehicle he sought to recover credit hire charges in the sum of 44,000. It was accepted by the claimant that he was uninsured at the time of the accident and he was subsequently convicted of failing to have insurance for his vehicle. The claimant, however, denied being uninsured for a period of 12 months prior to the accident or knowingly driving his vehicle without insurance during this period. The defendant argued that not only had the claimant driven his vehicle without insurance to park it at the location where the accident occurred but that he had also knowingly used his vehicle over a 12 month period without insurance. The defendant also argued that by the very nature of the claimant s illegality he ought not to be entitled to recover credit hire charges because the loss of the ability to illegally drive an uninsured vehicle was no loss at all. The defendant was able to establish at trial that the claimant had been using his vehicle without insurance in the year prior to the accident and therefore the court found that the claimant would have intended to continue driving without compulsory insurance through the hire period and the judge dismissed the claimant s claim for hire. So slowly there seemed to be a shift in judicial attitude towards extending the principle of tainting and illegality into personal injury and road traffic accident cases. However, two more recent cases indicate that although the courts are willing in some instances to extend the principle the courts are and continue to be wary of opening the floodgates to the tainting arguments and certainly to the discretionary arguments under the Civil Procedure Rules CPR1 and CPR 3 and also when considering public policy arguments. In the case of Churchill Insurance v Kelly (2007) the claimant relied on a letter of dismissal in support of his claim for his loss of earnings following a road traffic accident. The trial judge awarded the claimant the costs of his repairs, the damage to his vehicle, his pain suffering and loss of amenity and his loss of earnings. Motor fraud update_sfh_1108 4

6 Following the trial Churchill obtained evidence that the letter supporting the loss of earnings claim was a forgery and that the defendant had lied about the reason for dismissal, in fact it was established that the reason for the claimant s dismissal was that he had stolen a tax disc from his employers and at the time of the accident had been driving his vehicle with the stolen tax disc. Churchill appealed the trial award and relied on the new evidence of the forgery. The argument was that the claimant s claim should be defeated on the basis of firstly the claimants illegality by driving around with a stolen tax disc and secondly, on the basis of public policy. Churchill v Kelly highlights the difficulty that the courts have in refusing a claimant his genuine heads of loss. The High Court was not persuaded to disallow the whole of the claimant s claim; however, there was some good news, the court made a number of favourable orders for Churchill. The court set aside the loss of earnings claim which had been shown to be a fraudulent claim. The court went further by setting aside the pain, suffering and loss of amenity award. However, the reason for setting that award aside boiled down to credibility and the claimant s failure to be able to prove his claim for injury. This ultimately was due to the fact that the claimant had self-reported his injury and the court had no objective evidence upon which to rely. The court did, however, allow the claimant his cost of the repairs but went on to disallow the claimant s interest and the court also ordered that the claimant pay the costs of the appeal to Churchill and also referred the case to the CPS to consider prosecution. So there were many favourable aspects to Kelly but this case highlighted that the court was still unwilling to strike out genuine heads of loss in personal injury claims based upon the advancement of a fraudulent claim by the claimant. The more recent decision of Ulhaq v Shah (2008) EWHC 1896 provides defence lawyers with a hurdle and conflicts with those cases that had showed some progression, advancement and understanding by the court of the argument of tainting, particularly in bogus passenger cases. In this case the court found that Mr Ulhaq had supported a claim made by a bogus passenger. The passenger claim was found to be fraudulent in its entirety but the court went on to consider whether Mr Ulhaq being a genuine driver and having suffered genuine loss and injury as a result of a none fault accident ought not to recover his damages for injury and loss due to his support and advancement of the bogus passenger claim. It was exactly the same scenario as the Khan v Hussain case. At first instance the Judge hearing Mr Ulhaq case refused to strike out Mr Ulhaq s case for injury and loss on the basis of his support and advancement of the bogus passenger claim as it did not prevent it being possible for a fair trail to take place or for a claimant not to recover his genuine damages. Accordingly Mr Ulhaq was awarded his damages and loss. On appeal the High Court considered the court s discretion and considered the abuse of court process arguments. Justice Walker did not accept that there was any reason to think that the lies advance in relation to the bogus element of the claim, made it impossible for the court to consider the claims fairly, although the lies which had been serious the Judge was of the view that they did not involve the conduct which fell within the category which could be described as the worst kind. The High Court was not prepared to make an order striking out the claimant s claim. So where does that leave us? Well, following this decision it appears there is extreme uncertainty as to which way the court will turn when considering the arguments of discretion and abuse of court process. The Ulhaq decision ensures that the test remains firmly within the discretion zone and within the control of courts in individual cases. What the Ulhaq decision does do is place the bar extremely high for what constitutes an abuse of process and furthermore may act as a persuasive authority when insures are faced with similar scenarios. Whether the advancement of the credibility argument will be sufficient to persuade a court to strike out the claimant s claim is Motor fraud update_sfh_1108 5

7 uncertain. Undoubtedly there will be differences in judicial interpretation and what must be remembered is that there will be more sympathetic courts than others yet all courts will have some consideration and worry of opening the floodgates for tainting arguments. In order to move forward with the argument consideration may be given to testing the court s discretion and the principle at an appeal level. This however will be a risky strategy for defence lawyers as ultimately the discretion will be with the court and it very much depends upon whether the judiciary can be persuaded on public policy concerns in favour of the tainting argument. If the case does not succeed then there may be a binding authority which does not assist the progression of the argument whereas currently each case can be dealt with on its own merits. Consideration may therefore be given to other ways of influencing the judiciary on this point. Lobbying for a change in the law may be a way forward. Inspiration can be taken from other legal systems. In 2004, the law in Ireland changed with the introduction of the Civil Liability and Courts Act Important provisions of the act include Section 25, 26 and 29. Section 25 provides that it is an offence for a person to give or dishonestly cause to be given false or misleading evidence, instructions or information to a solicitor or any expert witness. Moreover, Section 26 provides the court with the power to dismiss the claimant s action if false or misleading evidence is given in a personal injury action. Therefore perhaps to combat this type of fraud consideration should be given to lobbying for a change or introduction of a new law. So in a nutshell, having progressed in the area of completely fabricated road traffic accidents it can be seen from the recent case law that the judiciary still struggle with striking out genuine claimant s claim when those genuine claimants have advanced either a fictitious claim or where one element of the claim is proven to be fraudulent. In order to persuade the courts on the public policy and abuse of process argument perhaps the only way to advance the tainting argument in the personal injury arena is to consider challenging the law in other ways than merely through the court system. Ó Berrymans Lace Mawer 2008 Motor fraud update_sfh_1108 6

No Hiding Place. Insurance Fraud Exposed. September 2012

No Hiding Place. Insurance Fraud Exposed. September 2012 No Hiding Place Insurance Fraud Exposed September 2012 NO HIDING PLACE INSURANCE FRAUD EXPOSED 3 Executive summary Every hour of every day 15 fraudulent insurance claims are exposed in the UK. Insurance

More information

CONNIVING, COLLUSION AND CONTEMPT

CONNIVING, COLLUSION AND CONTEMPT CONNIVING, COLLUSION AND CONTEMPT Section 1: Fraudulent Claims: Crashing But Not Burning Wasim UL-HAQ and Others v Anita Shah [2008] EWHC 1896 (QB). Walker J (on appeal HHJ in Birmingham CC) (Permission

More information

Pleading & Litigating Fraudulent Motor Claims

Pleading & Litigating Fraudulent Motor Claims Pleading & Litigating Fraudulent Motor Claims Arun Katyar CPD Ref: AVV/CHRW 12 King s Bench Walk, Temple, London EC4Y 7EL, Tel: 020 7583 0811, Fax: 020 7583 7228, Video Conferencing: 020 7583 4190 E-mail:

More information

English Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch?

English Civil Law and the Foreign Motorist. Justice or a Lawyer s Lunch? English Civil Law and the Foreign Motorist Justice or a Lawyer s Lunch? Agenda Basic Principles The Civil Procedure The Claim - Practice Basic principles English Law is based on precedent - what courts

More information

Motor Legal Expenses Insurance

Motor Legal Expenses Insurance Motor Legal Expenses Insurance Motor Legal Expenses Insurance Policy Document Certificate of Insurance This insurance is underwritten by Inter Partner Assistance SA and managed on their behalf by Arc Legal

More information

MOTOR LEGAL EXPENSES POLICY WORDING TERMS OF COVER

MOTOR LEGAL EXPENSES POLICY WORDING TERMS OF COVER Motor Legal Expenses provides:- 24/7 Legal Advice Insurance for legal costs for certain types of disputes HELPLINE SERVICES Legal Helpline MOTOR LEGAL EXPENSES Use the 24 hour advisory service for telephone

More information

March 2013. Lifting the bonnet on car insurance - what are the real costs?

March 2013. Lifting the bonnet on car insurance - what are the real costs? March 2013 Lifting the bonnet on car insurance - what are the real costs? Lifting the bonnet on car insurance what are the real costs? Most UK motorists have an opinion on the cost of car insurance. Many

More information

FRAUD AND COLLATERAL ILLEGALITY IN PERSONAL INJURY LITIGATION

FRAUD AND COLLATERAL ILLEGALITY IN PERSONAL INJURY LITIGATION FRAUD AND COLLATERAL ILLEGALITY IN PERSONAL INJURY LITIGATION 24 th October 2009 By Matthew Snarr 9 St John Street Manchester M3 4DN DX 14326 Manchester 3 Tel: 0161 955 9000 Fax: 0161 955 9001 Email: msnarr@9stjohnstreet.co.uk

More information

Claim notification form (RTA1) Low value personal injury claims in road traffic accidents ( 1,000-25,000)

Claim notification form (RTA1) Low value personal injury claims in road traffic accidents ( 1,000-25,000) Date sent / / Claim notification form (RTA1) Low value personal injury claims in road traffic accidents ( 1,000-25,000) Before filling in this form you are encouraged to seek independent legal advice.

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

Claim notification form

Claim notification form Before filling in this form you are encouraged to seek independent legal advice. Date sent / / Claim notification form Low value personal injury claims in road traffic accidents( 1,000-10,000) Are you

More information

Costs Law Update Lamont v Burton

Costs 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 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

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

Claim notification form (Form RTA1)

Claim notification form (Form RTA1) Date sent / / Claim notification form (Form RTA1) Low value personal injury claims in road traffic accidents( 1,000-10,000) Before filling in this form you are encouraged to seek independent legal advice.

More information

A PERCEPTION ON DECEPTION PART I. Ruwena Khan. Introduction

A PERCEPTION ON DECEPTION PART I. Ruwena Khan. Introduction A PERCEPTION ON DECEPTION PART I Ruwena Khan Introduction No legal practitioner will have failed to note that in recent years personal injury claims have attracted a great deal of attention in the media;

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

L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS

L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 11 GUIDE TO PERSONAL INJURY CLAIMS 1. Introduction

More information

Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy

Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy Brain injury lawyers Rehabilitation Change Support Care Family Pain Anger Justice Therapy Fieldfisher provides a first-class service to clients. www.fieldfisher.com/personalinjury Freephone 0800 358 3848

More information

Legal Expenses Insurance

Legal Expenses Insurance Legal Expenses Express Services - Motor Legal Expenses Policy Summary Some important facts about your Express Services Motor Legal Expenses insurance policy are summarised below. This summary does not

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

to Headlight, Dolmans Solicitors motoring news bulletin. In this edition we cover: MVN (R on the application of) v London Borough of Greenwich [2015]

to Headlight, Dolmans Solicitors motoring news bulletin. In this edition we cover: MVN (R on the application of) v London Borough of Greenwich [2015] Headlight motoring news welcome to Headlight, Dolmans Solicitors motoring news bulletin. In this edition we cover: case summaries CPR 36 offers MVN (R on the application of) v London Borough of Greenwich

More information

Victims of Crime the help and advice that s available

Victims of Crime the help and advice that s available Details about Victim Support Your local Victim Support Scheme is: Victims of Crime the help and advice that s available You can also contact the Victim Supportline on: 0845 30 30 900 Or, if you prefer,

More information

Conditional Fee Agreement (CFA)

Conditional 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 information

Motor Legal Expenses Policy Wording

Motor Legal Expenses Policy Wording 3478676865245-0000000 34545323455index,134545323456 34545323455persist,false34545323456 34545323455output_folder,/strata/clients/ukais/live/v53/exports 34545323455document_name,PREVIEW34545323456 34545323455printfile_path,/strata/clients/ukais/live/v53/exports/PREVIEW.ps34545323456

More information

Public and Product Liability - General

Public and Product Liability - General Section 3E Public and Product Liability - General Definitions Business The business stated in the specification to this section and includes: a) the provision and management of canteen, sports, social,

More information

The UK s Whiplash Epidemic

The UK s Whiplash Epidemic The UK s Whiplash Epidemic The International Insurance Forum Motor Insurance: The Road Towards Profitability James Dalton, Director of General Insurance Policy Association of British Insurers 19 th April

More information

Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports

Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 2 Medical Reports Q35. Can insurers question the medical report? A35. The defendant/insurer cannot question the

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

Motor Insurers Bureau Making a claim

Motor Insurers Bureau Making a claim Motor Insurers Bureau Making a claim A brief guide This booklet This booklet gives important information about the Motor Insurers Bureau (MIB) and making a claim. Please read it carefully before you fill

More information

fraud focus September 2008

fraud focus September 2008 fraud focus September 2008 Contents Editorial... 1 Illegality in road traffic accidents... 2 Are you treating your customers fairly?... 5 Intelligence and its place within fraud investigation... 7 Article

More information

Claim notification form

Claim notification form Before filling in this form you are encouraged to seek independent legal advice. Date sent / / Claim notification form Low value personal injury claims in road traffic accidents( 1,000-10,000) Are you

More information

Guide to compensation claims against the police

Guide to compensation claims against the police Tel: 020 8492 2290 I N C O R P O R A T I N G D O N A L D G A L B R A I T H & C O Guide to compensation claims against the police This guide is designed to provide a general overview to bringing compensation

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

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

Thompsons Solicitors response to the interim report of the Insurance Fraud Taskforce May 2015

Thompsons Solicitors response to the interim report of the Insurance Fraud Taskforce May 2015 Thompsons Solicitors response to the interim report of the Insurance Fraud Taskforce May 2015 Introduction This document sets out Thompsons Solicitors response to the interim report of the Insurance Fraud

More information

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No. 11362-2015. and. Before:

SOLICITORS DISCIPLINARY TRIBUNAL. IN THE MATTER OF THE SOLICITORS ACT 1974 Case No. 11362-2015. and. Before: SOLICITORS DISCIPLINARY TRIBUNAL IN THE MATTER OF THE SOLICITORS ACT 1974 Case No. 11362-2015 BETWEEN: SOLICITORS REGULATION AUTHORITY Applicant and NANCY JOSEPHINE LEE Respondent Before: Mr K. W. Duncan

More information

Lord Clarke at the Annual Bracton Lecture, University of Exeter, Law School. What shall we do about fraudulent claims?

Lord Clarke at the Annual Bracton Lecture, University of Exeter, Law School. What shall we do about fraudulent claims? Lord Clarke at the Annual Bracton Lecture, University of Exeter, Law School What shall we do about fraudulent claims? 8 November 2013 1. This is the second time that I have had the privilege of delivering

More information

Whether the government is correct in describing the UK as the whiplash capital of the world

Whether 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 information

Insight from Horwich Farrelly s Large & Complex Injury Group

Insight from Horwich Farrelly s Large & Complex Injury Group Insight from Horwich Farrelly s Large & Complex Injury Group Issue #2 11 February 2016 Alexander House 94 Talbot Road Manchester M16 0SP T. 03300 240 711 F. 03300 240 712 www.h-f.co.uk Page 1 Save the

More information

1. Findings from the OFT Report on the UK market as a whole

1. Findings from the OFT Report on the UK market as a whole Briefing on Legal and Justice issues relating to the Cost of Car Insurance February 2012 1 Background The Consumer Council has continued its campaign to lower the cost of car insurance in Northern Ireland

More information

Brain injury lawyers. Field Fisher Waterhouse provides a first-class service to clients. The Legal 500

Brain injury lawyers. Field Fisher Waterhouse provides a first-class service to clients. The Legal 500 Brain injury lawyers Field Fisher Waterhouse provides a first-class service to clients. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 Specialist brain injury solicitors Our brain injury

More information

MARCH 2013. Germaine v Hexham & St Helier University Hospital NHS Trust (Lawtel 4/2/2013) Page. 1 Employers Liability Contributory Negligence

MARCH 2013. Germaine v Hexham & St Helier University Hospital NHS Trust (Lawtel 4/2/2013) Page. 1 Employers Liability Contributory Negligence Page 1 Employers Liability Contributory Negligence 2 Employers Liability Mesothelioma MARCH 2013 4 Fraud Death by Dangerous Driving Germaine v Hexham & St Helier University Hospital NHS Trust (Lawtel 4/2/2013)

More information

HARRINGTON FAMILY LAWYERS

HARRINGTON FAMILY LAWYERS HARRINGTON FAMILY LAWYERS 1. BEING HONEST WITH THE COURT AND WITH US Harrington Family Lawyers pride ourselves on our ethical standards. We want to make sure that you also understand the need to act honestly

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

Octagon Insurance Legal Expenses Policy

Octagon Insurance Legal Expenses Policy Octagon Insurance Legal Expenses Policy This insurance has been arranged and is administered by Carpenters Solicitors. It is underwritten by Inter Partner Assistance S.A, and managed on their behalf by

More information

H M o o ltid or ay Le H g o al mes Legal E E x x p p e e n ns s ee s si I nn s s uu r r a a n nce ce

H M o o ltid or ay Le H g o al mes Legal E E x x p p e e n ns s ee s si I nn s s uu r r a a n nce ce Motor Legal Holiday Homes Legal Expenses ExpensesInsurance Insurance Motor Legal Expenses Insurance This insurance is underwritten by Inter Partner Assistance SA and administered on their behalf by Arc

More information

Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012

Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012 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 information

Cost of Preferred (or more likely) Option Net cost to business per year (EANCB on 2009 prices) 0m N/A N/A No N/A

Cost of Preferred (or more likely) Option Net cost to business per year (EANCB on 2009 prices) 0m N/A N/A No N/A Dismissal of personal injury claims involving fundamental dishonesty IA No: MoJ 021/2014 Lead department or agency: Ministry of Justice Other departments or agencies: Impact Assessment (IA) Date: 6 June

More information

PAPER REFERENCE: IPLC1 MARK AWARDED: 36

PAPER REFERENCE: IPLC1 MARK AWARDED: 36 PAPER REFERENCE: IPLC1 MARK AWARDED: 36 Question 1 This is the sentence or two which summarises why the case will succeed. It will distil the strongest evidence supporting a fact which satisfies the relevant

More information

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth Criminal Injuries Compensation By Helen Porter, Office of Criminal Injuries Compensation. INTRODUCTION In this

More information

Making a claim for compensation against Renfrewshire Council. Information and Claim Pack

Making a claim for compensation against Renfrewshire Council. Information and Claim Pack Making a claim for compensation against Renfrewshire Council Information and Claim Pack You must read these terms before completing the Public Liability Claim Form 1. If you make a claim through your own

More information

Road Traffic Accidents Do s and Don ts & the Legal Process

Road Traffic Accidents Do s and Don ts & the Legal Process Legal Discussion on Tipp FM with Orlagh Wafer 22 nd January 2013 Road Traffic Accidents Do s and Don ts & the Legal Process Introduction As the temperatures are dropping and the roads are becoming more

More information

Your guide to making A MOTOR INSURERS BUREAU CLAIM. 1 Guide to making an MIB claim - Issue 5 (09.15)

Your guide to making A MOTOR INSURERS BUREAU CLAIM. 1 Guide to making an MIB claim - Issue 5 (09.15) Your guide to making A MOTOR INSURERS BUREAU CLAIM 1 Guide to making an MIB claim - Issue 5 (09.15) This booklet This booklet gives important information about the Motor Insurers Bureau (MIB) and making

More information

SPECIALIST 24 HR CRIMINAL DEFENCE

SPECIALIST 24 HR CRIMINAL DEFENCE SPECIALIST 24 HR CRIMINAL DEFENCE What happens at the Police Station? Often the most important stage in any case is what happens in the police station. In most cases you will be under arrest and it may

More information

Contesting a speeding ticket

Contesting a speeding ticket Contesting a speeding ticket If a driver wishes to contest a speeding charge they must complete and return the Section 172 notice (or, notice of intended prosecution) within 28 days. Even if the driver

More information

Motor Legal Protection Insurance

Motor Legal Protection Insurance Hyundai Insurance Motor Legal Protection Insurance Policy Document Claims Line Legal Helpline 0844 836 7381 (24 hours) 0843 658 5381 (24 hours) www.hyundaimotorinsurance.co.uk Motor Legal Protection Insurance

More information

Law & Practice : The UK Perspective. Vilnius, 22 nd October 2010

Law & Practice : The UK Perspective. Vilnius, 22 nd October 2010 Law & Practice : The UK Perspective Vilnius, 22 nd October 2010 Van Ameyde UK Richard Temp Operations Manager BACKGROUND SOME FACTS & FIGURES Established in England in 1973 VA UK comprises of two UK sites

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

COUNCIL TAX REDUCTION, DISCOUNT & EXEMPTION ANTI- FRAUD POLICY

COUNCIL TAX REDUCTION, DISCOUNT & EXEMPTION ANTI- FRAUD POLICY COUNCIL TAX REDUCTION, DISCOUNT & EXEMPTION ANTI- FRAUD POLICY December 2014 1 Contents Section Page Council Tax Reduction, Discount & Exemption Anti-Fraud Policy 1 Introduction 3 2 Definition of Council

More information

Applying appropriate sanctions consistently

Applying appropriate sanctions consistently Applying appropriate sanctions consistently Policy statement April 2013 Tackling fraud and managing security Contents 1 Introduction... 1 2 The NHS Protect approach to pursuing sanctions... 1 3 The criminal

More information

FEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court.

FEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court. FEDINAS & OTHERS vs FAYAQ & OCTAGON INSURANCE (18.6.2015) DJ Shepherd, Leeds County Court. Introduction 1. One might have thought with the intense scrutiny that has been brought to bear upon the proportionality

More information

Technical claims brief. Monthly update February 2013

Technical claims brief. Monthly update February 2013 Technical claims brief Monthly update February 2013 Contents News 1 Ministry of Justice Claims Portal Extension put back 1 Solicitors Regulatory Authority stands by April 1 2013 implementation of referral

More information

REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 13/33469 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...

More information

GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED

GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED Before: LORD JUSTICE SWINTON THOMAS And LORD JUSTICE BROOKE [2000] EWCA Civ 5566 Litigation

More information

COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION

COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION COMMITTEE ON COURT PRACTICE AND PROCEDURE REVIEW OF PRACTICE AND PROCEDURE IN RELATION TO PERSONAL INJURIES LITIGATION THE SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS FEBRUARY 2003 The executive

More information

Guide to making a Motor Insurers Bureau claim

Guide to making a Motor Insurers Bureau claim Guide to making a Motor Insurers Bureau claim www.mib.org.uk This booklet This booklet gives important information about the Motor Insurers Bureau (MIB) and making a claim. Please read it carefully before

More information

Civil Justice Council response to Insurance Task Force interim report. May 2015

Civil Justice Council response to Insurance Task Force interim report. May 2015 Civil Justice Council response to Insurance Task Force interim report May 2015 The CJC welcomes an initiative to combat insurance fraud, which is not always easy to detect, but is a crime, and does lead

More information

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims You have received this information sheet as it is likely that your claim will proceed

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

PERSONAL INJURIES PROCEEDINGS BILL 2002

PERSONAL INJURIES PROCEEDINGS BILL 2002 1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate

More information

THE MOTOR INSURERS BUREAU OF SINGAPORE

THE MOTOR INSURERS BUREAU OF SINGAPORE 456 Singapore Academy of Law Journal (1998) THE MOTOR INSURERS BUREAU OF SINGAPORE WHAT IS AN MIB AND WHAT IS ITS ROLE? To appreciate this it will be useful to take a look at the first Motor Insurers Bureau

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

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD A FOREWORD A1. These Guidelines set out a process by which a prosecutor may discuss an allegation of serious or complex

More information

LEGCO QUESTION NO. 18 (Written Reply)

LEGCO QUESTION NO. 18 (Written Reply) LEGCO QUESTION NO. 18 (Written Reply) Date of sitting : 15 June 2005 Asked by : Hon Li Kwok-ying Replied by : Secretary for Justice Question : In her speech during the debate on the 2005 Policy Address

More information

Motor Legal Expenses Policy Summary

Motor Legal Expenses Policy Summary 1 Motor Legal Expenses Policy Summary Some important facts about your Kwik Fit Insurance Services Motor Legal Expenses insurance policy are summarised below. This summary does not describe all the terms

More information

False or Exaggerated Bond Claims: What Can A Surety To Do Combat This Increasingly Prevalent Practice?

False or Exaggerated Bond Claims: What Can A Surety To Do Combat This Increasingly Prevalent Practice? False or Exaggerated Bond Claims: What Can A Surety To Do Combat This Increasingly Prevalent Practice? By Diane C. Utz, Associate Watt, Tieder, Hoffar & Fitzgerald, L.L.P.* Most states have enacted regulatory

More information

Chapter 6B STATE ELIGIBILITY GUIDELINES. Last Amended: 1 July 2006. Manual of Legal Aid

Chapter 6B STATE ELIGIBILITY GUIDELINES. Last Amended: 1 July 2006. Manual of Legal Aid Chapter 6B STATE ELIGIBILITY GUIDELINES Last Amended: 1 July 2006 Manual of Legal Aid TABLE OF CONTENTS CHAPTER 6B - STATE ELIGIBILITY GUIDELINES GENERAL...3 PROVISION OF LEGAL ASSISTANCE...3 GENERAL GUIDELINES

More information

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process 1 Contents Introduction How to report a fraud What happens when you report a fraud? The investigation process Who decides if the case should go to court? What is a non-court disposal? What happens at

More information

Octagon Insurance Legal Expenses Policy

Octagon Insurance Legal Expenses Policy Octagon Insurance Legal Expenses Policy 1 2 This Octagon insurance policy is underwritten by Inter Partner Assistance SA and administered on their behalf by Arc Legal Assistance Limited. The following

More information

INFORMATION FOR LANDLORDS

INFORMATION FOR LANDLORDS NEW JERSEY JUDICIARY INFORMATION FOR LANDLORDS Superior Court of New Jersey Law Division Special Civil Part Landlord/Tenant Section Information for Landlords page 1 Most disputes between landlords and

More information

DRINKING AND DRIVING OFFENCE

DRINKING AND DRIVING OFFENCE What to do if you are charged with a DRINKING AND DRIVING OFFENCE This booklet is not about provincial Motor Vehicle Act penalties for drinking and driving. This guide explains what normally happens when

More information

Crashed your car? Information on claims for damage to your car, in and out of court

Crashed your car? Information on claims for damage to your car, in and out of court Crashed your car? Information on claims for damage to your car, in and out of court 1 After a car accident This brochure will take you through the important steps you need to take if your car is damaged

More information

The Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom.

The Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom. 1 1. Introduction The Lifecycle of a Personal Injury Claim By Andrew Mckie (Barrister at Law) Clerksroom July 2012 The aim of the presentation is to look at the basic steps from the taking instructions

More information

The 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) 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 information

Personal Injury Accident Claims Do you need a Solicitor anymore?

Personal Injury Accident Claims Do you need a Solicitor anymore? Personal Injury Accident Claims Do you need a Solicitor anymore? In the current climate, where the Personal Injuries Assessment Board advises that Claimants do not need a solicitor, Brian Morgan Litigation

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

Personal Injury Accident Claims 2011 You still need a Solicitor.

Personal Injury Accident Claims 2011 You still need a Solicitor. Personal Injury Accident Claims 2011 You still need a Solicitor. Subsequent to the passing of the Personal Injuries Assessment Board Act 2003 and the Civil Liability & Courts Act 2004 Brian Morgan wrote

More information

- - - - - - - - - - - - - - - - - - - - Marshall. - and - The Price Partnership Solicitors - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - Marshall. - and - The Price Partnership Solicitors - - - - - - - - - - - - - - - - - - - - Neutral Citation Number: [2013] EWHC 4256 (QB) IN THE HIGH COURT OF JUSTICE QUEEN S BENCH DIVISION Case No: 1HQ/13/0265 1HQ/13/0689 Royal Courts of Justice Strand, London, WC2A 2LL BEFORE: Wednesday, 2

More information

- Contents of this Guide - The Purpose of this Guide 1. Important Disclaimer 1. Special Hardship Orders 2. Special Hardship Orders 3

- Contents of this Guide - The Purpose of this Guide 1. Important Disclaimer 1. Special Hardship Orders 2. Special Hardship Orders 3 - Contents of this Guide - The Purpose of this Guide 1 Important Disclaimer 1 Special Hardship Order vs Restricted License Application 2 Special Hardship Orders 2 Special Hardship Orders 3 When an Application

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

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

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

Before: HIS HONOUR JUDGE P. GREGORY -------------- LIAQAT RAJA. and MR KANE DAY MOTOR INSURERS' BUREAU JUDGMENT ON APPEAL APPROVED ---------------

Before: HIS HONOUR JUDGE P. GREGORY -------------- LIAQAT RAJA. and MR KANE DAY MOTOR INSURERS' BUREAU JUDGMENT ON APPEAL APPROVED --------------- IN THE BIRKENHEAD COUNTY COURT Case No. 3YM66264 76 Hamilton Street Birkenhead CH41 5EN Before: HIS HONOUR JUDGE P. GREGORY 2 March 2015 Between: -------------- LIAQAT RAJA and Claimant (Respondent) MR

More information

DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE. Act quickly after an accident and call us now on

DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE. Act quickly after an accident and call us now on DASDRIVE ULTIMATE LEGAL PROTECTION KEY FACTS BROCHURE Act quickly after an accident and call us now on 0800 783 6066 2 DASDRIVE ULTIMATE If you ve been unfortunate enough to have been involved in a motor

More information

Consultation Document. Reducing the number and costs of whiplash claims. Response from:

Consultation Document. Reducing the number and costs of whiplash claims. Response from: Consultation Document Reducing the number and costs of whiplash claims Response from: British Vehicle Rental and Leasing Association River Lodge Badminton Court Amersham BUCKS HP7 0DD Tel: +44 1494 434747

More information

Road Accident Fund Act 56 of 1996 (RAFA)

Road Accident Fund Act 56 of 1996 (RAFA) Road Accident Fund Act 56 of 1996 (RAFA) Topic: Roads and Public Liability IN A CALABASH Introduction Road transportation is the major mode of transportation in South Africa. Despite a number of road laws

More information

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10. of the Lawyers and Conveyancers Act 2006

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10. of the Lawyers and Conveyancers Act 2006 NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 1 OF THE NEW ZEALAND

More information