Case track limits and the claims process for personal injury claims. Response to DCA consultation by John Pickering and Partners LLP

Size: px
Start display at page:

Download "Case track limits and the claims process for personal injury claims. Response to DCA consultation by John Pickering and Partners LLP"

Transcription

1 Case track limits and the claims process for personal injury claims Response to DCA consultation by John Pickering and Partners LLP Contact details Kevin Johnson Neil Fisher Partner Partner John Pickering and Partners LLP John Pickering and Partners LLP 19 Castle Street St Ann s Passage 29/31 King Street Liverpool Manchester L2 4SX M2 6BE T: T: F: F: E: E: John Pickering and Partners LLP is a limited liability partnership registered in England and Wales, registered number OC Our registered office is 20 Clare Road, Halifax, West Yorkshire, HX1 2HX. A list of members is available from our registered office. The term "partner" if used denotes a member of John Pickering and Partners LLP or an employee or consultant of John Pickering and Partners LLP with equivalent standing and qualifications. We are regulated by the Law Society. We also have offices in Manchester and Liverpool. For further information please visit our website:

2 Case track limits and the claims process for personal injury claims About John Pickering and Partners John Pickering and Partners LLP is a specialist legal practice, established in 1979, handling personal injury and particularly industrial disease claims. Claims on behalf of asbestos disease sufferers constitute most of our work. The practice has represented the claimants in most of the leading cases relating to asbestos-induced disease in the last 10 years, including: Margereson v J W Roberts Limited, [1996] PIQR 358 (CA) Quinn v Ministry of Defence, [1997] EWCA Civ 2865 Lubbe and others v Cape Plc, [2000] UKHL 41, [2000] 4 All ER 268 (HL) Ballantine v Newalls Insulation Company Limited, [2000] PIQR Q327 (CA) Fairchild v Glenhaven Funeral Services Limited, [2002] UKHL 22 Maguire v Harland and Wolff, [2005] EWCA Civ 1 Rothwell v Chemical Insulating Company Limited, [2006] EWCA Civ 27 Rice and Thompson v Secretary of State for Trade and Industry, [2006] EWHC 1257 (QB) Barker v Corus UK Plc, [2006] UKHL 20, [2006] 3 All ER 785 (HL) The last of these cases, Barker v Corus UK Plc, prompted urgent amendments to the Compensation Bill, now the Compensation Act John Pickering and Partners LLP represents only claimants in asbestos related disease claims. We have a policy of trying to urgently pursue claims on behalf of asbestos disease sufferers so that, whenever possible, such claims are concluded within their lifetimes. Most of our cases are litigated in the multi-track. However, proposals to increase the fast track limit could potentially affect claimants with benign asbestos diseases such as asbestosis and diffuse pleural thickening. Against this background of long experience of asbestos disease claims, we believe that we are in a knowledgeable position from which to comment authoritatively upon the impact that these reforms may have upon asbestos disease sufferers and other personal injury claimants, particularly individuals who have contracted forms of occupational disease. Some aspects of the consultation relate to issues that are outside of our normal practice area. Therefore, we have declined to respond to several of the questions posed in the consultation. In response to other questions, our responses are made in the context of the impact upon industrial disease victims and especially asbestos disease sufferers. 2

3 Response to DCA consultation by John Pickering and Partners LLP Question 1. Do you agree e that the small claims limit for personal injuries should remain at 1000 in view of the proposals to improve the claims process? If not, please set out your reasons why and state what you consider the appropriate level would be. Whilst we do not accept all of the consultation paper s proposals to improve the claims process, we do agree with the proposal that the small claims limit should remain at Question 2. Do you agree that the small claims limit for housing disrepair should remain at 1000 for disrepair and 1000 for damages? If not, please set out your reasons why and state what you consider the appropriate level would be. No response. Question 3. Your views are sought on whether the process for dealing with housing disrepair cases can be improved and simplified, and if so, how this could be achieved. No response. Question 4. Do you agree that the small claims limit for other claims should remain at 5000? If not, please set out your reasons why and state what w you consider the appropriate level would be. We agree with the proposal that there should not be any change to the small claims limit of 5000 for other claims. Question 5. Do you agree that the fast track limit should be increased to 25,000? 00? If not, please set out your reasons why and state what you consider the appropriate level would be. We do not agree that the fast track limit should be increased to 25,000. Our primary concern is that such an increase could capture certain industrial disease claims that routinely give rise to complex issues in relation to liability, causation and quantum. For example, VWF/HAVS, deafness claims (OIHL), RSI and respiratory 3

4 Case track limits and the claims process for personal injury claims disease claims including occupational asthma and benign asbestos diseases could fall into this new increased fast track. This would not be desirable. We do not consider that quantum is the most appropriate yardstick to determine in which track the claim should be litigated. We believe that the complexity of these claims and the importance of these claims to claimants render them incapable of being properly dealt with in the fast track. Claims for asbestosis and diffuse pleural thickening may be worth less than the proposed limit of 25,000, particularly where the claim is made on a provisional damages basis. Subject to the outcome of an appeal to the House of Lords 1, if pleural plaques should again become a compensatable injury, similar considerations apply to that condition. However, whilst the value of some such claims may be relatively modest, the importance of these cases to claimants can be significant and ought not to be underestimated. Where damages are sought on a provisional basis, this will enable claimants to seek further damages if they develop other asbestos diseases, including asbestos induced malignancy. It is obviously critical that claimants are able to secure provisional awards to enable them to apply for further damages if they develop asbestos related cancers. We do not intend to embark upon a detailed analysis of the particular problems that face asbestos litigants. That would be beyond the remit of this consultation. We have made submissions on similar issues in response to a recent consultation by the DWP. Please see the attachment to the covering for a copy of our response to the DWP Consultation about mesothelioma claims. In brief, extensive problems can arise with regards to tracing defendants, tracing insurers of defunct employers, establishing medical causation and in some circumstances, establishing breach of duty. Expert evidence is routinely required from consultant chest physicians, consulting engineers/forensic scientists, nursing care experts, etc. It would be prejudicial to claimants interests for these cases to be litigated in the fast track, particularly if proposals for fixed costs are approved. This would significantly constrain claimant solicitors in their efforts to trace employers and their insurers, particularly in multi-defendant cases, to investigate liability issues fully, establish if there is a clear diagnosis, etc. Any reform that would impede or undermine the rights of asbestos sufferers would be highly undesirable. We do note that at paragraph 40 of the consultation, recognition is given that some cases that fall within the bracket may not be suitable for the fast track, for example, due to their complexity or if the trial will take longer than one day. It is stated that judges will be able to allocate such cases to the multi-track. However, we are concerned that insurers/defendants will seek to oppose such cases being allocated to the multi-track because of likely costs savings. Indeed, we are aware of situations when district judges in pleural plaques cases (when previously compensatable), which often fell below the present fast tack limit of 15,000, declined to allocate 1 Rothwell v. Chemical & Insulating Co. Ltd. & Anor. [2006] EWCA Civ 27. 4

5 Response to DCA consultation by John Pickering and Partners LLP claims to the multi-track. This resulted in some anomalous first instance judgments that were subject to later appeals. Furthermore, if asbestos disease claims are not expressly excluded from these proposals then it will not be until the post-issue, allocation stage that they will be distinguishable from other significantly less complex PI claims. Claimant representatives may have to contend with insurers seeking to argue pre-issue, that such cases should be treated as fast track claims. It is not until after proceedings are issued that there is an opportunity for claimants to have their cases allocated and for complex cases to be distinguished from other claims of comparable value. This could lead to significant delays in claims because claimant representatives may have been inhibited until the case has been allocated to the multi-track from carrying out certain necessary investigative steps, or may have kept investigations in abeyance in accordance with the proposal at paragraph 59. If in spite of our reservations, the fast track is increased to 25,000, we believe that asbestos disease claims ought to be excluded from this category altogether, in a similar way that appears to be proposed for clinical negligence cases. Asbestos litigation is one of the most fiercely litigated and most fast evolving areas of the law. Defendants/liability insurers are constantly seeking to raise technical challenges about the compensatability of particular diseases, whether certain policy wordings exclude cover for certain claims, technical defences in relation to generic causation issues, etc. In our submission, it would be plainly wrong and inimical to the rights of asbestos disease sufferers for them to be categorised with lower value, significantly less complex PI claims. Therefore, express guidance, preferably contained within amendments to the CPR, ought to be given to specifically exclude asbestos disease claims from allocation to the fast track. Question 6. Are there any measures that would make the handling of intellectual property claims more efficient and effective? If so please tell us what those measures are. No response. Question 7. If the difficulty of dealing with intellectual tual property cases is not the court process, what are the difficulties and how could they be resolved? No response. Question 8. You may consider that different measures would be appropriate for different kinds of intellectual property- for instance because patent cases involve questions of 5

6 Case track limits and the claims process for personal injury claims technology. If you have a response directed to a particular kind of intellectual property only, please say so. No response. Question 9. Do you agree that these proposals set out a procedure for dealing d with claims which will provide fair compensation in a more timely and cost-effective way? If not please say why and set out alternative proposals. We believe that the proposals are not appropriate to asbestos disease claims and reinforce us in our concerns outlined at response 5 above and our view that asbestos disease claims ought to be excluded entirely from this process. We do not wish to undertake an extensive analysis as to why these proposals are unworkable for asbestos claims. This will be readily apparent to anyone with a perfunctory understanding of asbestos litigation. Problems in investigating liability, tracing insurers, establishing causation, etc in asbestos litigation do not lend themselves to the suggested reforms. Question 10. Do you have any comments or suggested amendments in relation to the draft forms? The forms are not particularly appropriate or helpful for more complex industrial disease claims where more individualised, tailored information has to be provided (currently in the form of a letter of claim) than pro forma documents may permit. This proposal may increase legal costs in disease claims as defendants seek clarification of various issues. Question 11. Do you agree with the above time periods? If not please state why not and what they should be. We do not consider that the time periods will be workable in the context of asbestos disease claims and we have reservations that the proposals will only cause further delays in the litigation process and the ultimate resolution of claims. It is our experience of asbestos disease claims that only a very small proportion settle without court proceedings being commenced. Whilst we do not have empirical data to substantiate this assertion, this has been our experience for almost 30 years. The reasons for this are multifarious. For example, it may be due to insurers being reluctant to confirm that they were on cover or refusals to accept that their insured were negligent. Regrettably, our experience of claims handling by some insurers is 6

7 Response to DCA consultation by John Pickering and Partners LLP that lengthy delays are routine. It is unusual for us to get a response on liability in most cases within the 3 month pre-action protocol period. We are particularly troubled by the suggestion at paragraph 59, page 29 that the defendant/insurer will have a set period of time to investigate the claim and that during this period the claimant s solicitor will refrain from carrying out further work. We believe that this proposal is prejudicial to our clients and will cause delay given the way in which claims are handled at present by insurers/defendants. We are concerned that the time will not be put to good use by insurers/defendants and that claimants investigations will only be deferred until a later date, as a result of which, further delay will be imported into the claims process. Question 12. Do you agree that where the amount of damages cannot be agreed there should be an application to the court through the simplest procedure possible? Please comment on what that procedure should cover. We do not consider that the procedure would be appropriate in asbestos and other more complex occupational illness claims. Question 13. Your views are sought on whether additional measures could be introduced that would help improve the process where liability is not admitted, or is denied. Master Whitaker operates a specialist track for mesothelioma claims in the RCJ. He has introduced a procedure known as show cause. In effect, this is a filter to weed out unmeritorious defences at the earliest stage in the proceedings, thereby reducing legal costs and disbursements and resulting in the swifter resolution of claims. We attach to the covering a copy of an earlier submission that we made to Liverpool County Court in relation to a local practice direction for asbestos disease claims. Our submission was designed to demonstrate the extensive legal justification already contained within the CPR for show cause. This show cause procedure has been particularly effective in speeding up living mesothelioma claims where time is critical due to the poor prognosis of sufferers. Different considerations clearly apply in other personal injury claims. Nonetheless, the principle of seeking to weed out clearly weak and unmeritorious defences at the earliest stage in the proceedings in our submission is a sound one and has potential application in lower value claims. Clearly, the detail of this procedure will require further consideration and possible consultation. Question 14. 7

8 Case track limits and the claims process for personal injury claims Do you agree with the proposals set out in Appendix 7? If not, please say why and set out any alternative proposals. We accept in principle that disproportionate enquiry should be avoided in relation to modest items of damage. However, any such arrangement would have to be subject to regular review. Furthermore, guidance should be given to insurers/defendants that any such items are not to be regarded as upper limits for recovery. Question 15. Do you agree that regional hourly rates should be set and if so, how should they be set? This might be desirable in relation to low value claims where liability is seldom in issue. However, there are other claims that could fall within the fast track (at least from a quantum perspective) where regional hourly rates would, in our view, be most undesirable. For example, many claims for occupational illness are dealt with by specialist practitioners. The amount of work carried out by specialist firms is likely to be less than non-specialist practitioners. Therefore, different hourly rates ought to be permissible in recognition of the specialist skills and expertise that such practitioners possess. Question 16. Your views are sought on the development of an a assessment tool for general damages. We do not believe that assessment tools would be appropriate or of assistance in relation to more complex claims where there is less uniformity of symptoms and claimant experience differs considerably. Such a tool would be quite inappropriate in relation to occupational illness claims. For example, individuals with a similar degree of loss of respiratory function may have considerably different experiences in relation to impact upon daily life and activities and general impairment suffered. We believe that the assessment of general damages in these cases is a function best left to the trial judge. We note that there has been considerable disquiet expressed by some practitioners about assessment tools currently in use by some insurers due to their lack of flexibility and pessimistic assessments. Question 17. Do you agree that there is little scope for standardising contributory negligence? If not, please set out how it might be done. 8

9 Response to DCA consultation by John Pickering and Partners LLP We agree that it would not be appropriate to seek to standardise contributory negligence. The assessment of contributory negligence is a fact sensitive exercise that is best determined by the trial judge. Question 18. Do you agree with the proposals in relation to t costs? If not, please give your reasons and set out any alternative proposals. We do not accept that the proposals are appropriate in relation to more complex industrial disease claims. These cases often incur considerable initial investigative costs to establish if there is a viable defendant/liability insurer, a clear and established diagnosis, etc. A fixed costs regime would not be conducive to the proper investigation of these claims and would lead to delay in viable claims. Question 19. Do you agree that ATE insurance cannot be justified in the circumstances set out above? If not, please give your reasons, identifying the risk that is being insured, and set out any alternative proposals. Again, we believe that industrial disease claims and particularly asbestos disease claims ought to be distinguished from other personal injury claims, particularly for the reasons set out at response 11 above. Different considerations apply for asbestos disease claims. We consider that the present regime should continue for asbestos claims. Question 20. What would be the impact on the ATE market of these proposals? We believe that these proposals would have a negative impact upon the ATE market and would not produce costs savings. The proposal to effectively curtail ATE for these claims runs contrary to the traditional insurance principle that the many pay for the few. Effectively, many of the claims affected by these proposals underwrite premiums in larger and more difficult litigation. We are concerned that this proposal will undermine the entire premise that ATE is based upon and lead to the already restrictive ATE market further contracting as more insurers withdraw. This would be contrary to public policy. At best, we consider that the proposal will result in a significant increase in premiums in more valuable and complex litigation. This is why we consider that the proposal will not result in savings to defendants/liability insurers. The proposal gives rises to a significant risk that access to justice will be impeded because 9

10 Case track limits and the claims process for personal injury claims claimants will be unable to get any insurance to cover their claim, either because of too few insurers in the market, conservative risk attitudes, or because claimants cannot afford increased premium levels. Conditional fee agreements with ATE insurance effectively substituted Legal Aid following the Access to Justice Act It is in this socio-political context that CFA s and ATE should be considered, rather than simply from the perspective of economic savings (the likelihood of which is questionable in our view). The presence of ATE allows claimants to protect themselves from paying the other side s legal costs and disbursements and their own disbursements in the event of an unsuccessful outcome and to pursue valuable and difficult cases that otherwise, they would not be able to afford to bring. Without ATE cover many claimants would simply be unable to pursue cases because of the exposure to financial risk. Therefore, this proposal has the potential to prevent access to justice by claimants who have difficult/valuable claims but cannot obtain ATE cover. Regrettably, those claimants affected are likely to be the most disadvantaged and vulnerable claimants, for whom the need for recompense is most acute. To deny such claimants access to legal recourse would be a significant injustice. Question 21. Do you agree that the new claims process should apply to all claims for personal injury, except clinical negligence, with a value of less than the fast track limit? If not, please give your reasons and identify which cases should use the proposed system. We emphatically submit that asbestos disease and other forms of complex occupational disease claims ought to be specifically excluded from the fast track and these proposals. As already stated above, these cases give rise to many difficult issues and are wholly different from other types of EL and PL claims. The claims are also of great importance to claimants concerned, especially where claims are made for provisional damages to preserve future entitlement to compensation. We contend that the default position should be that asbestos disease and other complex occupational illness claims are excluded from the fast track per se. Submissions can be made to the contrary at the point of allocation and appropriate case management directions can then be provided if appropriate. This would address many of our concerns about the problems that claimants may face pre-issue from defendants/liability insurers and would allay our concerns about the detrimental effect that these proposals will have upon the rights of asbestos disease sufferers. 10

Reform to Lost Years Damages in Mesothelioma Claims

Reform to Lost Years Damages in Mesothelioma Claims Reform to Lost Years Damages in Mesothelioma Claims September 2008 Neil Fisher and Kevin Johnson John Pickering and Partners LLP Email: kj@johnpickering.co.uk 19 Castle Street Liverpool L2 4SX Tel: 0151

More information

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

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

More information

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos

Justice Committee. Courts Reform (Scotland) Bill. Written submission from Clydeside Action on Asbestos Justice Committee Courts Reform (Scotland) Bill Written submission from Clydeside Action on Asbestos In our view, the Court of Session should deal only with most complex and important cases and that most

More information

Briefing 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 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 information

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation Supreme Court delivers judgment in the Employers' Liability Trigger Litigation On 28th March 2012, the Supreme Court handed down judgment in BAI (Run Off) Limited v Durham [2012] UKSC 14, the test-cases

More information

CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS

CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS A consultation paper produced by the Department for Constitutional Affairs RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES July 2007

More information

Damages (Asbestos-related Conditions) Bill

Damages (Asbestos-related Conditions) Bill Research and Library Service 13 January 2010 Damages (Asbestos-related Conditions) Bill NIAR 644-10 This paper provides an overview and discussion of the Damages (Asbestos-related Conditions) Bill. Paper

More information

FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY. Action against Medical Accidents

FIXED RECOVERABLE COSTS IN CLINICAL NEGLIGENCE PRE CONSULTATION RESPONSE BY. Action against Medical Accidents 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 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

Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation

Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation Track Limits and Personal Injury Claims Process Department Of Constitutional Affairs Consultation With effect from 20 April 2007, the Department of Constitutional Affairs has entered into a period of consultation

More information

Disease: solving disputes post 1 April 2013

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 information

BC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction

BC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction Extending the RTA Portal to Disease claims May 2013 1. Introduction In July 2013 the existing RTA PI protocol will be extended to EL and PL claims. In addition, the value of claims captured by the protocol

More information

There are alternatives to Sir Rupert Jackson s recommendations that have the benefit that they might actually work.

There are alternatives to Sir Rupert Jackson s recommendations that have the benefit that they might actually work. First published in the Solicitors Journal April 2011 Let us not bend with the remover to remove There are alternatives to Sir Rupert Jackson s recommendations that have the benefit that they might actually

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

Pre-Action Protocol for Disease and Illness Claims

Pre-Action Protocol for Disease and Illness Claims Pre-Action Protocol for Disease and Illness Claims PROTOCOLS Contents 1 Introduction 2 Notes of guidance 2A ALTERNATIVE DISPUTE RESOLUTION 3 The aims of the protocol 4 The protocol 5 Communication 6 Letter

More information

Asbestos Disease Claims

Asbestos Disease Claims Asbestos Disease Claims A client s guide Spring 2007 Contents 2. Essential elements for a successful claim 3. What we will do 3. Funding the case 3. Preliminary investigations 4. What happens next? 4.

More information

Draft Pre Action Protocol for claims for damages for mesothelioma

Draft Pre Action Protocol for claims for damages for mesothelioma Draft Pre Action Protocol for claims for damages for mesothelioma Contents Introduction...2 1. Overview of Protocol General Aim...2 2. Intimation Letter...2 3. Letter of Claim...3 4. Defendant's Response...4

More information

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

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

More information

Pre-Action Protocol for Disease and Illness Claims

Pre-Action Protocol for Disease and Illness Claims Pre-Action Protocol for Disease and Illness Claims 1 INTRODUCTION 1.1 Lord Woolf in his final Access to Justice Report of July 1996 recommended the development of protocols: To build on and increase the

More information

QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities

QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities 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 information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1

More information

Consultation. Case track limits and the. claims process for personal injury claims CP 8/07

Consultation. Case track limits and the. claims process for personal injury claims CP 8/07 Consultation Case track limits and the claims process for personal injury claims CP 8/07 Response of Browne Jacobson LLP 13 July 2007 Contents Introduction...3 Browne Jacobson LLP... 3 Interest in the

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

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

More information

Partial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd

Partial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd Partial regulatory impact assessment on a proposed bill to reverse House of Lords judgment in Johnston v NEI International Combustion Ltd The ABI s Response to the Scottish Government s Consultation 1.

More information

Health 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 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 information

Reforming mesothelioma claims

Reforming 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 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

CONDITIONAL FEE AGREEMENTS GUIDANCE

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

More information

Recorder Acting Deemster of The Isle of Man

Recorder Acting Deemster of The Isle of Man David Allan QC CALL 1974 SILK 1995 PRACTICE AREAS Personal Injury Clinical Negligence Industrial Disease APPOINTMENTS Deputy High Court Judge Recorder Acting Deemster of The Isle of Man E: clerks@byromstreet.com

More information

Uncertain climate for UK claims

Uncertain climate for UK claims Uncertain climate for UK claims With the constantly evolving legal landscape many uncertainties surround the future exposure in the UK to asbestos claims. Robert Kingston and Deborah Johnstone of PRO Insurance

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

EUROPEAN COMMISSION GREEN PAPER A EUROPEAN ORDER FOR PAYMENT PROCEDURE AND MEASURES TO SIMPLIFY AND SPEED UP SMALL CLAIMS LITIGATION

EUROPEAN COMMISSION GREEN PAPER A EUROPEAN ORDER FOR PAYMENT PROCEDURE AND MEASURES TO SIMPLIFY AND SPEED UP SMALL CLAIMS LITIGATION EUROPEAN COMMISSION GREEN PAPER A EUROPEAN ORDER FOR PAYMENT PROCEDURE AND MEASURES TO SIMPLIFY AND SPEED UP SMALL CLAIMS LITIGATION A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS MAY 2003 The

More information

A brief guide to professional negligence claims

A brief guide to professional negligence claims A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims

More information

Specialists in asbestos litigation

Specialists in asbestos litigation Specialists in asbestos litigation Patient information fact sheet about: Asbestos Compensation Claims Your guide and information pack to explain what financial help is available for those suffering from

More information

MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012

MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012 MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS Introduction By Andrew Mckie (Barrister at Law) Clerksroom March 2012 Telephone 0845 083 3000 or go to www.clerksroom.com The protocol for Low Value

More information

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

JUSTICE FOR MESOTHELIOMA VICTIMS

JUSTICE FOR MESOTHELIOMA VICTIMS JUSTICE FOR MESOTHELIOMA VICTIMS Fact, fiction and ideas for change A briefing from The Association of Personal Injury Lawyers (APIL) November 2013 The Association of Personal Injury Lawyers (APIL) is

More information

Dispute Resolution At A Glance Guide 2. The English Civil Procedure Rules The Woolf Reforms

Dispute Resolution At A Glance Guide 2. The English Civil Procedure Rules The Woolf Reforms Dispute Resolution At A Glance Guide 2 The English Civil Procedure Rules The Woolf Reforms The English Civil Procedure Rules Contents Section: Page No. 1. Introduction 2 2. Summary 3 3. Civil Procedure

More information

RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) THE SCOTTISH GOVERNMENT CONSULTATION PAPER-

RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) THE SCOTTISH GOVERNMENT CONSULTATION PAPER- RESPONSE BY FORUM OF INSURANCE LAWYERS (FOIL) (SCOTLAND) TO THE SCOTTISH GOVERNMENT CONSULTATION PAPER- Partial Regulatory Impact Assessment on a Proposed Bill to Reverse House of Lords Judgement in Johnston

More information

HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS

HAZARDS 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 information

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

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields

More information

Clinical Negligence: A guide to making a claim

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

More information

LEXIS NEXIS WEBINAR 17.9.13 ASBESTOS UPDATE THE SHIFTING SANDS OF CAUSATION

LEXIS NEXIS WEBINAR 17.9.13 ASBESTOS UPDATE THE SHIFTING SANDS OF CAUSATION LEXIS NEXIS WEBINAR 17.9.13 ASBESTOS UPDATE THE SHIFTING SANDS OF CAUSATION INTRODUCTION: 1. The issue of causation has long been and continues to be a difficult one for industrial disease claims, and,

More information

CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT

CIVIL 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 information

Excessive & Disproportionate Costs in Litigation NAH Ltd No. 101/11. Research Report February 2011

Excessive & Disproportionate Costs in Litigation NAH Ltd No. 101/11. Research Report February 2011 Excessive & Disproportionate Costs in Litigation NAH Ltd No. 101/11 Research Report February 2011 Prepared by: Dr Angus Nurse & Professor John Peysner (Lincoln Law School) John Flynn (Faculty of Health,

More information

Technical claims brief

Technical claims brief QBE European Operations Technical claims brief Monthly update January/February 2014 Technical claims brief Monthly update January/February 2014 Contents Legislation 1 Mesothelioma Bill passes at report

More information

Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000

Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000 1 Claims Post Jackson Some Additional Information Andrew Mckie, Barrister Clerksroom - May 2013 Telephone 07739 964012/ 0845 083 3000 Email: andrewmckie@btinternet.com/ mckie@clerksroom.com The EL and

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

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Summary In a mesothelioma claim, the defendant was not in breach of duty in relation to exposure to asbestos for

More information

Bar 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 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 information

THE FUTURE OF PERSONAL INJURY LAW

THE FUTURE OF PERSONAL INJURY LAW THE FUTURE OF PERSONAL INJURY LAW SHAUN FERRIS CROWN OFFICE CHAMBERS 2 CROWN OFFICE ROW TEMPLE LONDON EC4Y 7HJ 1. HISTORICAL BACKGROUND We are currently part way through a tide of change that started with

More information

Supreme Court Judgment in Coventry and Ors v Lawrence and another [2015] UKSC 50

Supreme 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 information

Briefing 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 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 information

Julie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27

Julie Belt v Basildon & Thurock NHS Trust [2004] ADR L.R. 02/27 JUDGMENT : MRS JUSTICE COX: QBD. 27th February 2004 1. The appellant, Julie Belt (hereafter referred to as the claimant ), appeals from the order of His Honour Judge Yelton dated 30 October 2003, setting

More information

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited

More information

Expert evidence. A guide for expert witnesses and their clients (Second edition)

Expert evidence. A guide for expert witnesses and their clients (Second edition) Expert evidence A guide for expert witnesses and their clients (Second edition) Addendum, June 2009 1. Introduction 1.1 The second edition of this Guide was published in October 2003, in order to set out

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. 2. Who can

More information

PERIODICAL PAYMENTS AND TERMINAL DISEASE. Introduction

PERIODICAL PAYMENTS AND TERMINAL DISEASE. Introduction PERIODICAL PAYMENTS AND TERMINAL DISEASE Introduction 1. The litigation of cases involving those with terminal or potentially terminal disease presents numerous forensic difficulties to the litigator.

More information

CLAIMS MANAGEMENT POLICY

CLAIMS MANAGEMENT POLICY GWASANAETHAU AMBIWLANS CYMRU YMDDIRIEDOLAETH GIG WELSH AMBULANCE SERVICES NHS TRUST CLAIMS MANAGEMENT POLICY Clinical Negligence, Personal Injury, Losses and Compensation Claims Approved by Date Review

More information

President s Guidance on Continuity and Deployment (Public Law)

President s Guidance on Continuity and Deployment (Public Law) Introduction President s Guidance on Continuity and Deployment (Public Law) 1. This Guidance is issued by the President of the Family Division under PD 12A (PLO 2014). 2. This Guidance applies to all care

More information

Implementation of the Jackson Reforms. The key changes.

Implementation 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 information

Conditional Fee Arrangements, After the Event Insurance and beyond!

Conditional Fee Arrangements, After the Event Insurance and beyond! Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional

More information

PROOF OF CAUSATION A new approach in cancer cases

PROOF OF CAUSATION A new approach in cancer cases PROOF OF CAUSATION A new approach in cancer cases Andrew Axon Barrister Parklane Plowden Chambers Life is unpredictable 1 Gregg v Scott Non-Hogkin s lymphoma 9 months delay Injury = premature death due

More information

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

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

More information

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

Disease/Illness GUIDE TO PLEURAL PLAQUES. What are Pleural Plaques? www.simpsonmillar.co.uk Telephone 0844 858 3200

Disease/Illness GUIDE TO PLEURAL PLAQUES. What are Pleural Plaques? www.simpsonmillar.co.uk Telephone 0844 858 3200 GUIDE TO PLEURAL PLAQUES What are Pleural Plaques? The most common injury caused by asbestos exposure is pleural plaques, which appear as white or yellow thickening on the pleura. They often appear frequently

More information

Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper

Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper 1. This is the response of the General Council of the Bar of England and Wales

More information

OUTLOOK: PERSPECTIVES ON TOPICAL RISK AND INSURANCE ISSUES FOR UK CORPORATES

OUTLOOK: 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 information

REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES

REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES Report to Finance and Property Committee REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT 25 February 2013 Agenda Item: 5 PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES Purpose

More information

A guide to professional negligence claims for personal injury victims

A guide to professional negligence claims for personal injury victims A guide to professional negligence claims for personal injury victims If you have been let down by a solicitor or claims management company in a personal injury case and have lost out financially as a

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC ) Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre-Action Conduct ( PD-PAC ) Title Preparations for Personal Injury Trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety

DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety Briefing by Action against Medical Accidents (AvMA) October

More information

tions Weightmans Low Value Personal Injury Claims in Road Traffic Accidents

tions Weightmans Low Value Personal Injury Claims in Road Traffic Accidents Frequ quentl tly asked questio tions Low Value Personal Injury Claims in Road Traffic Accidents Stage 1 General Q1. When will the Rules be drafted and ready? A1. The Civil Procedure Rule Committee approved

More information

GUIDE TO PERSONAL INJURY TRUSTS

GUIDE TO PERSONAL INJURY TRUSTS GUIDE TO PERSONAL INJURY TRUSTS Your guide to Personal Injury Trusts If you have been injured and are making a claim it could be some time before you are able to return to work or resume a normal life.

More information

The Courts: small claims. Government Response to the Constitutional Affairs Select Committee s Report. Cm 6754

The Courts: small claims. Government Response to the Constitutional Affairs Select Committee s Report. Cm 6754 Government Response to the Constitutional Affairs Select Committee s Report Cm 6754 Government Response to the Constitutional Affairs Select Committee s Report Presented to Parliament by the Secretary

More information

INFORMATION GATHERING EXERCISE QUESTIONNAIRE

INFORMATION GATHERING EXERCISE QUESTIONNAIRE ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1

www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1 www.costsbarrister.co.uk NIHL and success fees Andrew Hogan Barrister at law 1 On 13 th March 2015 at 4pm, Mr Justice Phillips handed down judgment in conjoined cases, Dalton and others.v.british Telecommunications

More information

The 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 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 information

Information Gathering Exercise on Pre-Action Protocols

Information Gathering Exercise on Pre-Action Protocols Information Gathering Exercise on Pre-Action Protocols May 2014 INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to

More information

QBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims Portal Extension

QBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims 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 information

STUC Response to the Scottish Government s Making Justice Work - Courts Reform (Scotland) Bill May 2013

STUC Response to the Scottish Government s Making Justice Work - Courts Reform (Scotland) Bill May 2013 STUC Response to the Scottish Government s Making Justice Work - Courts Reform (Scotland) Bill May 2013 Introduction The STUC is Scotland s trade union centre. Its purpose is to co-ordinate, develop and

More information

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND WRITTEN SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS 1. The Association of Personal Injury

More information

STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland

STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland STUC response to the Review of Expenses and Funding in Civil Litigation in Scotland Introduction As the representative body of Scotland s trade unions, STUC is keenly interested in ensuring that its affiliated

More information

Information Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014

Information Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014 Consultation Response Information Gathering Exercise on Pre- Action Protocol The Law Society of Scotland s response May 2014 The Law Society of Scotland 2013 Introduction The Law Society of Scotland aims

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim 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 The

More information

Occupational disease and the Pre-action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) claims

Occupational disease and the Pre-action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) claims 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 information

ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET

ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET NSW GOVERNMENT REVIEW OF THE DUST DISEASES CLAIMS RESOLUTION PROCESS ISSUES PAPER DECEMBER 2008 ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE DEPARTMENT OF PREMIER AND CABINET Issues Paper: Review of the

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

Guidance for the instruction of experts in civil claims

Guidance for the instruction of experts in civil claims Guidance for the instruction of experts in civil claims Introduction 1. The purpose of this guidance is to assist litigants, those instructing experts and experts to understand best practice in complying

More information

Legal Watch: Personal Injury

Legal Watch: Personal Injury Legal Watch: Personal Injury 15th January 2015 Issue: 047 Public liability The difference between a local authority s powers and its duties was examined in Foulds (Deceased) v Devon County Council [Lawtel

More information

An Update on the Ministry of Justice Reforms to Personal Injury Procedures

An Update on the Ministry of Justice Reforms to Personal Injury Procedures An Update on the Ministry of Justice Reforms to Personal Injury Procedures In terms of scale, the changes to the claims process for personal injury claims that interested parties have been expecting since

More information

This is the author s version of a work that was submitted/accepted for publication in the following source:

This is the author s version of a work that was submitted/accepted for publication in the following source: This is the author s version of a work that was submitted/accepted for publication in the following source: Stickley, Amanda P. (2012) Long term exposure to asbestos satisfies test for causation. Queensland

More information

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

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

More information

Supreme Court confirms that pleural plaques are actionable in Scotland

Supreme Court confirms that pleural plaques are actionable in Scotland Insurance and reinsurance litigation e-bulletin 27 October 2011 Supreme Court confirms that pleural plaques are actionable in Scotland In a decision which has important ramifications for the UK insurance

More information

4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified:

4. In Dymocks Franchise Systems (NSW) Pty Ltd v Todd [2004] UKPC 39 Lord Brown clarified: Third Party Costs Orders against Solicitors 1. This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements

More information

Case track limits and the claims process for personal injury claims

Case track limits and the claims process for personal injury claims Case track limits and the claims process for personal injury claims Response to Consultation CP(R) 08/07 21/07/2008 Case track limits and the claims process for personal injury claims Response to consultation

More information

Personal Injury Multi-Track Code

Personal Injury Multi-Track Code Personal Injury Multi-Track Code INTRODUCTION The multi track code is designed for personal injury cases (excluding clinical negligence and asbestos related disease cases) within the multi track arena

More information

Policy and Procedure for Claims Management

Policy and Procedure for Claims Management Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints

More information

THE 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 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 information