Preparing your Firm for the Referral Fee Ban TRACEY CALVERT

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Preparing your Firm for the Referral Fee Ban TRACEY CALVERT"

Transcription

1 Preparing your Firm for the Referral Fee Ban TRACEY CALVERT PUBLISHED BY IN ASSOCIATION WITH

2 Chapter 1: Understanding the changes which have been made THIS REPORT is about the ban on referral fees in personal injury work which came into effect on 1 April 2013 and, more specifically, is a consideration of the immediate impact that this will have in terms of regulatory compliance issues for law firms. This change requires lawyers in the personal injury sector to consider their relationships with third parties and how they introduce new clients to their business. They must ensure that they are compliant with the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the requirements of the SRA Handbook. However, this narrow analysis turns a blind eye to the wider picture which is that the ban is one of a complex series of initiatives designed to reform civil justice. All of the changes will be of consequence to lawyers operating in this area of practice. The changes mean that all aspects of civil litigation practice are undergoing a period of great upheaval which requires litigation lawyers to reflect on their business, on what they want to achieve in the future, and how they will achieve it. To repeat the often described rationale for these initiatives, the Government believes that the package of policy measures it supports will reduce costs in litigation and in turn improve access to justice. However, the impetus for change came from the Jackson Report which was commissioned by the judiciary and not the Government. Lord Justice Jackson has advocated a number of changes to civil litigation. In respect of referral fees, Lord Justice Jackson originally offered two alternatives either a blanket ban or capped payments which the Government did not endorse in the early stages of the reform process. The political viewpoint was that lawyers should be allowed to decide for themselves how to spend their money and how to attract business to their practices. This viewpoint later changed largely due to the contributions of politicians such as 1

3 Chapter 1: Understanding the changes which have been made Jack Straw, and as a result of their reaction and analysis of the huge growth of the personal injury market in recent years. It is believed that referral fees have created a 600 million industry, and have led to the higher overall cost of civil litigation, rising motor insurance premiums, increasing numbers of claims, and the perception of a compensation culture which encourages people to make claims for minor injuries or to create fictitious injuries which are hard to dispute. It is also believed that banning referral fees, along with the variety of other policy measures introduced, will reduce costs in individual cases and prevent activities that encourage people to claim when they might not otherwise have done so. Therefore the referral fee ban must be seen as part of a wider package of reforms which are now beginning to take shape. These include: Amendments to the Civil Procedure Rules 1998 (CPR) so that with effect from 1 April, the overriding objective of the Rules is to enable the court to deal with costs justly (as has always been the case) and, now, at proportionate cost; Simplification of Part 3.9 of the CPR in respect of provisions relating to relief from sanctions; Amendments to Parts 32 and 35 of the CPR in respect of experts reports; A new rule on proportionality; Amendments to Part 36 offers, with uplifts offered where a claimant makes a reasonable offer to settle their case; An increase in general damages; Budgeting requirements; Damages-based agreements; Reforms to Conditional Fee Agreements which end the recoverability of inter-party costs; Amendments of the RTA portal; and Qualified one-way costs shifting. The SRA have stated that the ban on referral fees in PI cases, the Jackson reforms, and changes to Road Traffic Act costs, and cuts to legal aid from April will affect many firms heavily reliant on this work. 1 2

4 Preparing your Firm for the Referral Fee Ban This report will touch upon this wider picture, which cannot be ignored, but is primarily focused on the non-negotiable aspects of the referral bans which matter to solicitors. This is because the ban will create obvious changes and has the added dimension of having regulatory significance. It creates a major challenge for solicitors in practice who must demonstrate to the SRA that they can rise to the task of complying in an outcomes-focused and risk-based manner, and bring on side all members of their firm. It is also a challenge to the SRA, as the regulator is obliged to enforce the ban through regulation and in doing so demonstrate their risk-based approached to regulation. This is, and always has been, a big issue. The payment of a fee to someone who introduces clients to a law firm has always been a controversial topic and has required some deep thinking on the part of both the regulator and the regulated. At the heart of the matter, fundamental questions must be analysed, including the following: Does an arrangement with a third party make you any less independent of mind? Does it fetter your relationship with your client? Even, who is your client? Can you do your best for your client? This means that referral arrangements have been a crucial topic for many years. The practice has been in and out of favour over many years, although since 2004 the conduct position has been that payment for a referral is not deemed to be improper behaviour. The regulator initially the Law Society and latterly the SRA had put in place conduct requirements within which practitioners must operate when making or receiving payments arising in connection with the introduction of clients. Initially this was in the infamous Solicitors Introduction and Referral Code 1990 and then in the Solicitors Code of Conduct In its latest transformation the requirements were described in the SRA Principles and the SRA Code of Conduct 2011 which appear in the SRA Handbook. 2 This position, and the legitimacy of such payments, is changing again with the withdrawal of the right to make or receive referral payments which came into effect through LASPO on 1 April This may be seen as a 3

5 Chapter 1: Understanding the changes which have been made step backwards again, although bear in mind that the ban refers to personal injury business only. So, whilst it is not improper to receive and make paid referrals in non-contentious matters (such as to estate agents and others in conveyancing), it is not acceptable in relation to referrals of clients in PI work. This is a controversial decision. Many critics notably the Legal Services Board have argued that the ban on payments is unnecessary. 3 As recently as 19 March 2013, the LSB Chairman, David Edmonds, appeared before the House of Commons Justice committee and said: I m both defensive and protective of our stance on referral fees I like to see markets operating in a way which markets can operate, which is that referrals are made and satisfactory solutions are found and you don t intervene where there is no evidence that you should intervene. He made the point that the Legal Services Consumer Panel had commissioned research and did not find any consumer detriment arising because of referral fees. 4 Whilst other stakeholders, including the senior judiciary, the Bar Council and the Law Society have supported the ban, this has not been without some expressions of concern. The Law Society supports the ban in principle but has doubts about the methodologies of LASPO: [W]e have reservations about the way in which the prohibition is drafted in LASPO and believe that it will potentially capture activities which are not problematic and which have been identified as non-problematic by the SRA, its members and by others. 5 The fear is that the position will return to that endured by regulators and others alike before the relaxation of the ban in That was a landscape in which all firms tried to reconcile the prohibition with ways to work with third parties and still encourage clients to use their particular legal services. What happened before 2004 and the lifting of the ban was that many arrangements masqueraded as something which was not a payment for the introduction of a client, and much time and energy was diverted to prove the legitimacy of arrangements. This was not just the energy of those in the business environment; scrutiny of arrangements was a major preoccupation of the regulator. Examples of the issues creating difficulties were frequently rehearsed in front of the Solicitors Disciplinary Tribunal (for example the cases of Reed SDT , Barber and Others SDT , and Tilbury SDT ) and in the courts (the Accident Group litigation and the old Claims Direct matters). 4

6 Preparing your Firm for the Referral Fee Ban Moving forward to 2013, it seems possible that this will be the case again, although, interestingly, the regulator with its long memory of previous preoccupations has said that the onus to justify what appears to be a prohibited payment will now be with the solicitor and their law firm. The immediate difficulties which the changes present to solicitors is largely down to timing issues, the need to ensure that the firm is compliant, and the need to reflect on the financial strains which may materialise. The change is in respect of payments made to third parties or received from them. If s firm has entered into an agreement before 1 April 2013 they will need to consider whether they can continue with the agreement thereafter; this is because an agreement which contravenes the ban will be unenforceable as well as putting the firm in breach of LASPO. However, some comfort comes from the SRA s statement that they do not consider that making a payment after 1 April 2013 in respect of a referral the firm received before 1 April 2013 will put them in breach of the ban. 6 References 1. From a speech by Samantha Barrass, SRA Executive Director, Law Society Risk and Compliance Conference, London, 15 March Available on the SRA website. See: 3. Cost benefit analysis of policy options related to referral fees in legal services, Legal Services Board, See: wp-content/media/2010-investigation-into-referral-fees-report.pdf. 4. LSB chairman warns MPs of unintended consequences of referral fee ban, Legal Futures, 20 March See: 5. Law Society response to the SRA Consultation on the ban on referral fees in personal injury cases, The Law Society, December See: org.uk/representation/policy-discussion/sra-consultation-ban-on-referral-fees-inpersonal-injury-cases/. 6. As expressed in the SRA s FAQs on the referral fee ban, published on 25 March See: 5

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

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

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

Referral fees, referral arrangements and fee sharing

Referral fees, referral arrangements and fee sharing Referral fees, referral arrangements and fee sharing This response to the consultation is prepared by the Association of Regulated Claims Management Companies (ARC). We act as an industry trade body for

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

SRA BOARD 23 January 2013

SRA BOARD 23 January 2013 Ban on referral fees in personal injury claims 1. This paper asks the SRA Board to make changes to the SRA Code of Conduct and the SRA Glossary in order to implement the forthcoming ban on referral fees

More information

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment

Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction of a ban on the payment of referral fees in personal injury cases Equality Impact Assessment Introduction This Equality Impact Assessment (EIA) relates to amendments to the Legal Aid, Sentencing

More information

LASPO. Why has. come about brief history of reforms

LASPO. Why has. come about brief history of reforms Contents Foreword 2 3 Foreword: Why has LASPO come about 4 Changes to funding and implications 6 Changes in practice 7 Track limits 8 The RTA and EL/PL Protocols 11 Referral fees 12 Contact information

More 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

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

The Ban on Personal Injury Referral Fees: Implementation and Enforcement. A Briefing Paper from NewLaw Solicitors

The Ban on Personal Injury Referral Fees: Implementation and Enforcement. A Briefing Paper from NewLaw Solicitors The Ban on Personal Injury Referral Fees: Implementation and Enforcement A Briefing Paper from NewLaw Solicitors October 2012 Introduction The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO)

More information

The Impact of the Jackson Reforms on Costs and Case Management

The Impact of the Jackson Reforms on Costs and Case Management The Impact of the Jackson Reforms on Costs and Case Management Civil Justice Council Conference 21 st March 2014 Written Submission of the Law Society The Law Society 2014 Page 1 of 9 2014 The Law Society.

More information

A response by the Association of Personal Injury Lawyers March 2014

A response by the Association of Personal Injury Lawyers March 2014 Civil Justice Council The impact of the Jackson reforms on costs and case management A response by the Association of Personal Injury Lawyers March 2014 Page 1 of 10 Introduction 1. 2013 brought major

More information

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

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

More information

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

Keoghs LLP response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing.

Keoghs LLP response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing. Introduction: response to the Legal Services Board consultation: Referral fees, referral arrangements and fee sharing. Keoghs is the only top 100 law firm to focus exclusively on the insurance sector and

More information

Unite the Union believes that the ban on referral fees should not impact

Unite the Union believes that the ban on referral fees should not impact Unite the Union response to the Solicitors Regulation Authority discussion document: Proposed Ban on referral fees in personal injury cases consultation@sra.org.uk This response is submitted by Unite the

More information

A Practical Update on the New Rules and Claims Portal

A Practical Update on the New Rules and Claims Portal A Practical Update on the New Rules and Claims Portal WELCOME A Practical Update on the New Rules and Claims Portal The Jackson reforms are the most profound in living legal memory. Every single solicitor,

More information

Claims Management Regulation. Referral fee ban guidance note

Claims Management Regulation. Referral fee ban guidance note Claims Management Regulation Referral fee ban guidance note July 2015 Referral fee ban The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) introduced a regulatory offence for Claims

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

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

Legal Services Board Referral fees, referral arrangements and fee sharing

Legal Services Board Referral fees, referral arrangements and fee sharing Legal Services Board Summary Note Aviva has restricted its responses to Personal Injury. Aviva accepts there may be similarities in Conveyancing agreements but has no experience of these and so cannot

More information

Implementation of the ban on referral fees in personal injury cases. Report on the responses to the SRA consultation issued in October 2012

Implementation of the ban on referral fees in personal injury cases. Report on the responses to the SRA consultation issued in October 2012 Annex B Implementation of the ban on referral fees in personal injury cases Report on the responses to the SRA consultation issued in October 2012 Introduction 1. This report follows the SRA s recent consultation

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

Referral fees, referral arrangements and fee sharing

Referral fees, referral arrangements and fee sharing Referral fees, referral arrangements and fee sharing This response to the consultation is prepared by Glaisyers Solicitors LLP. Our experience spans the RTA/PI sector, conveyancing and wills/probate and

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

Solicitors Regulation Authority: Regulatory Reform Programme: Improving Regulation: proportionate and targeted measures

Solicitors Regulation Authority: Regulatory Reform Programme: Improving Regulation: proportionate and targeted measures Solicitors Regulation Authority: Regulatory Reform Programme: Improving Regulation: proportionate and targeted measures Response from the Motor Accident Solicitors Society June 2015 Introduction This response

More information

DBA Regulations. My understanding of the decisions that have been made and questions that may arise are:

DBA Regulations. My understanding of the decisions that have been made and questions that may arise are: DBA Regulations I have considered the Damages Based Agreements Regulations and the manner in which they may be re written for the purposes of including DBA's for all claims over and above employment matters.

More information

The Jackson Reforms Jan Thompson, Director

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

More information

Bar Council response to the ban on referral fees in personal injury cases consultation paper

Bar Council response to the ban on referral fees in personal injury cases consultation paper Bar Council response to the ban on referral fees in personal injury cases consultation paper 1. This is the response of the General Council of the Bar of England and Wales (the Bar Council) to the SRA

More information

Referral fees, referral arrangements and fee sharing

Referral fees, referral arrangements and fee sharing Referral fees, referral arrangements and fee sharing This response to the consultation is prepared by Carter Law LLP. Our experience spans the RTA/PI sector and as such, any criminal advocacy questions

More information

Consultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000

Consultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Consultation Document Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Response from: British Vehicle Rental and Leasing Association River Lodge Badminton

More information

CLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013

CLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013 CLAIMSadvisor RISK PRACTICE JULY 2013 Employers & Public Liability Claims Jackson Reforms update We recently provided an overview of the Jackson Reforms and the key changes in relation to Employers Liability

More information

Civil litigation reforms Jackson one year on

Civil litigation reforms Jackson one year on Civil litigation reforms Jackson one year on Introduction 1 April 2013 saw a number of civil litigation reforms come into force. The reforms were spearheaded by Lord Justice Jackson and were heralded to

More information

Legal Services Consumer Panel call for evidence referral arrangements. Response from the Solicitors Regulation Authority

Legal Services Consumer Panel call for evidence referral arrangements. Response from the Solicitors Regulation Authority Legal Services Consumer Panel call for evidence referral arrangements Response from the Solicitors Regulation Authority February 2010 Contents Introduction... 3 Submissions... 3 Key area of investigation

More information

CONTINGENCY FEES AND DAMAGES-BASED

CONTINGENCY FEES AND DAMAGES-BASED CONTINGENCY FEES AND DAMAGES-BASED AGREEMENTS 1 CONTINGENCY FEES AND DAMAGES-BASED AGREEMENTS The current regime 1. Contingency fee agreements have always been allowed in non-contentious work. Pre-issue

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

Proposals for Reform of Civil Litigation Funding. Implementation of LJ Jacksons recommendations. (Consultation paper 13/10 November 2010)

Proposals for Reform of Civil Litigation Funding. Implementation of LJ Jacksons recommendations. (Consultation paper 13/10 November 2010) Proposals for Reform of Civil Litigation Funding Implementation of LJ Jacksons recommendations (Consultation paper 13/10 November 2010) Following Lord Justice Jacksons report, the Ministry of Justice is

More information

Response of the Association of Costs Lawyers to the consultation on the impact of the Jackson reforms on costs and case management

Response of the Association of Costs Lawyers to the consultation on the impact of the Jackson reforms on costs and case management Response of the Association of Costs Lawyers to the consultation on the impact of the Jackson reforms on costs and case management 1. Introduction The Association of Costs Lawyers (ACL) broadly welcomes

More information

To: whiplashcondoc@justice.gsi.gov.uk

To: whiplashcondoc@justice.gsi.gov.uk To: whiplashcondoc@justice.gsi.gov.uk Unite the Union response to the MINISTRY OF JUSTICE consultation document: Whiplash reform programme: Consultation on independence in medical reporting and expert

More information

Civil Litigation Reforms & AIG

Civil Litigation Reforms & AIG Access to Justice Civil Litigation Reforms & AIG Start The reforms AIG Response day 1-5 day 6-20 day 21-25 AIG process map Overview and key Changes For more details of the reforms click here > The Jackson

More 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

ACCESS TO JUSTICE GROUP: RESPONSE TO SRA DISCUSSION PAPER ON REFERRAL FEE BAN

ACCESS TO JUSTICE GROUP: RESPONSE TO SRA DISCUSSION PAPER ON REFERRAL FEE BAN ACCESS TO JUSTICE GROUP: RESPONSE TO SRA DISCUSSION PAPER ON REFERRAL FEE BAN Introduction The Access to Justice Action Group (AJAG) coordinates action to protect access to justice for claimants, particularly

More information

The industry is delivering on its commitment to pass on savings to customers

The industry is delivering on its commitment to pass on savings to customers TRANSPORT SELECT COMMITTEE INQUIRY COST OF MOTOR INSURANCE: WHIPLASH Evidence from the Association of British Insurers The Association of British Insurers (ABI) is the voice of the insurance and investment

More 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

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013 T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013 2013 JACKSON REFORM UPDATE From the beginning of April this year, Employers Liability (EL), Public Liability (PL) and Motor Injury Claims

More information

LEGAL SERVICES CONSUMER PANEL CALL FOR EVIDENCE REFERRAL ARRANGEMENTS

LEGAL SERVICES CONSUMER PANEL CALL FOR EVIDENCE REFERRAL ARRANGEMENTS REGULATORY AFFAIRS BOARD 2 March 2010 Classification Public Item 14 (9) Purpose For information LEGAL SERVICES CONSUMER PANEL CALL FOR EVIDENCE REFERRAL ARRANGEMENTS The Issues This paper responds to the

More information

Discussion document on Referral fees, referral arrangements and fee sharing. Zurich response

Discussion document on Referral fees, referral arrangements and fee sharing. Zurich response Michael Mackay Legal Services Board 7th Floor, Victoria House Southampton Row London WC1B 4AD Your reference Our reference Date 4 January 2011 Discussion document on Referral fees, referral arrangements

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

Cymru update. Leon Lloyd Hugh James. 6 November 2013

Cymru update. Leon Lloyd Hugh James. 6 November 2013 Community Housing Cymru update Leon Lloyd Hugh James 6 November 2013 New EL/PL claims procedure From 1 August 2013 Fast track claims EL/PL claims between 10k and 25k issued pre-1 April 2013 handled outside

More information

EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES

EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES EXTENSION OF THE RTA PI SCHEME: PROPOSALS ON FIXED RECOVERABLE COSTS RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES 4 th January 2013 INDEX 1 INTRODUCTION Page No. A Background 1 B Referral fees 2 C

More information

Impact Assessment (IA)

Impact Assessment (IA) Title: Enhanced Court Fees IA No: MoJ222 Lead department or agency: Ministry of Justice Other departments or agencies: HM Courts and Tribunals Service Impact Assessment (IA) Date: 16/1/2015 Stage: Final

More information

Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly Mojhelpline@uk.zurich.com

Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly Mojhelpline@uk.zurich.com Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly If you do not get a chance to raise a question during the Webinar, you can use our MOJ advice centre, simply e mail your query to: Mojhelpline@uk.zurich.com

More information

Claims as Commodities. Paying for Claims. Robert Marven

Claims as Commodities. Paying for Claims. Robert Marven Claims as Commodities Paying for Claims Robert Marven It is now established that any private law right of action (eg claim in tort, for breach of contract, in restitution, or claim for property) is a chose

More information

Ministry of Justice Whiplash Reform Programme: consultation on independence in medical reporting and expert accreditation

Ministry of Justice Whiplash Reform Programme: consultation on independence in medical reporting and expert accreditation Ministry of Justice Whiplash Reform Programme: consultation on independence in medical reporting and expert accreditation Question 1: Do you agree that the proposed amendments to paragraphs 7.1A(1) and

More information

Research Specification: Learning from the legal services in the Personal Injury market

Research Specification: Learning from the legal services in the Personal Injury market Research Specification: Learning from the legal services in the Personal Injury market Purpose The purpose of this research is to explore whether there are any lessons from the operation of legal services

More information

Personal Injury Claims Management Regulation. An Update from NewLaw Solicitors

Personal Injury Claims Management Regulation. An Update from NewLaw Solicitors Personal Injury Claims Management Regulation An Update from NewLaw Solicitors Produced by: Philip Dicken Strategic Partnerships Director NewLaw Solicitors Email: philip.dicken@new-law.co.uk Directline:

More information

Referral Fees WHAT WILL BE THE EFFECT OF LASPO ON CLAIMANT PI PRACTICE. Patrick Allen Senior Partner Hodge Jones & Allen LLP November 2012

Referral Fees WHAT WILL BE THE EFFECT OF LASPO ON CLAIMANT PI PRACTICE. Patrick Allen Senior Partner Hodge Jones & Allen LLP November 2012 Referral Fees WHAT WILL BE THE EFFECT OF LASPO ON CLAIMANT PI PRACTICE Patrick Allen Senior Partner Hodge Jones & Allen LLP November 2012 I DONT KNOW Although LASPO comes into effect on 1 st April 2013,

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

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

Legal Services Consumer Panel Referral Arrangements: Call for Evidence Thompsons Submission February 2010

Legal Services Consumer Panel Referral Arrangements: Call for Evidence Thompsons Submission February 2010 Legal Services Consumer Panel Referral Arrangements: Call for Evidence Thompsons Submission February 2010 BACKGROUND Until 2004 referral fees were prohibited under Solicitors Professional Rules. The Solicitors

More information

GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS

GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS GUIDE TO NEW COSTS IN CIVIL CASE RULES GOVERNMENT REFORMS MAKE SURE YOU GET INSURANCE Introduction Landlords faced with claims from tenants have also in the past had to often pay success fees where tenants

More information

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

Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance Client Bulletin June 2013 Ministry of Justice Reforms update and practical guidance This bulletin provides an update to our previous bulletin about the proposed Ministry of Justice Reforms and follows

More information

FUNDING LITIGATION THE NEW MENU. by JEREMY MORGAN QC

FUNDING LITIGATION THE NEW MENU. by JEREMY MORGAN QC FUNDING LITIGATION THE NEW MENU by JEREMY MORGAN QC Solicitors duty to advise Common law duty of care SRA Code of Conduct Legal Ombudsman SRA Code of Conduct Principle 4 You must act in the best interests

More information

Review of the Regulation of Law Firms: call for evidence

Review of the Regulation of Law Firms: call for evidence Review of the Regulation of Law Firms: call for evidence A response by the Association of Personal Injury Lawyers March 2009 Page 1 of 8 The Association of Personal Injury Lawyers (APIL) is a not-for-profit

More information

Private Motor Insurance. Royal & Sun Alliance Insurance plc. Summary Submission to the Competition Commission

Private Motor Insurance. Royal & Sun Alliance Insurance plc. Summary Submission to the Competition Commission 1. Introduction Private Motor Insurance Royal & Sun Alliance Insurance plc Summary Submission to the Competition Commission 1.1 Royal & Sun Alliance Insurance plc ("RSA") welcomes the Competition Commission's

More information

EXPLANATORY MEMORANDUM TO. THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014. 2014 No. 3299 (L. 36)

EXPLANATORY MEMORANDUM TO. THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014. 2014 No. 3299 (L. 36) EXPLANATORY MEMORANDUM TO THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014 2014 No. 3299 (L. 36) 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament

More information

Whiplash: A political rather than a medical diagnosis?

Whiplash: A political rather than a medical diagnosis? Whiplash: a political rather than a medical diagnosis?,, Temple The Government believes that there is a major problem with false whiplash claims and over the last two years has consulted upon and introduced

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

Civil Justice Group weekly update. Week ending 3 February 2012

Civil Justice Group weekly update. Week ending 3 February 2012 Civil Justice Group weekly update Week ending 3 February 2012 Government announcements during LASPO House of Lords Committee Stage Days 5 and 6 This week the House of Lords considered amendments to Part

More information

LAW SOCIETY CONFERENCE ON COMMERCIAL LITIGATION: THE POST-JACKSON WORLD. KEYNOTE SPEECH BY LORD JUSTICE JACKSON (lawsocspeech)

LAW SOCIETY CONFERENCE ON COMMERCIAL LITIGATION: THE POST-JACKSON WORLD. KEYNOTE SPEECH BY LORD JUSTICE JACKSON (lawsocspeech) LAW SOCIETY CONFERENCE ON COMMERCIAL LITIGATION: THE POST-JACKSON WORLD KEYNOTE SPEECH BY LORD JUSTICE JACKSON (lawsocspeech) 1. INTRODUCTION 1.1 It is daunting to make a keynote speech at a conference

More information

The case for Referral Fees CLAIMS STANDARDS COUNCIL

The case for Referral Fees CLAIMS STANDARDS COUNCIL The case for Referral Fees CLAIMS STANDARDS COUNCIL The Claims Standards Council do not believe that you can ban referral fees Lord Justice Jacksons final report which was published on January 14 th this

More information

UK: Government Implementation of Jackson Reforms on the Costs and Funding of Litigation. Introduction of Contingency Fees and increased Mediation

UK: Government Implementation of Jackson Reforms on the Costs and Funding of Litigation. Introduction of Contingency Fees and increased Mediation UK: Government Implementation of Jackson Reforms on the Costs and Funding of Litigation. Introduction of Contingency Fees and increased Mediation The UK government made a series of announcements on 30

More information

1. What are the main reasons relating to the cost of litigation that discourage potential litigants from court action?

1. What are the main reasons relating to the cost of litigation that discourage potential litigants from court action? LIST OF QUESTIONS CHAPTER 2: ACCESS TO JUSTICE 1. What are the main reasons relating to the cost of litigation that discourage potential litigants from court action? Aviva has restricted its answer to

More information

Richard Collins outlined the key objectives for the next three years.

Richard Collins outlined the key objectives for the next three years. Linda Lee Report on the Solicitors Regulation Authority (SRA) event Driving Forward Regulatory Change: The next three years 14 th December 2012 Birmingham Opening remarks Anthony Townsend opened the event

More information

We agree that by not increasing small claims track hearing fees, the Government is ensuring access to justice is not compromised.

We agree that by not increasing small claims track hearing fees, the Government is ensuring access to justice is not compromised. Ministry of Justice Consultation Court Fees: Proposals for Reform Response from the Motor Accident Solicitors Society January 2014 Introduction This response is prepared on behalf of the Motor Accident

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

What is the problem under consideration? Why is government intervention necessary?

What is the problem under consideration? Why is government intervention necessary? Title: Extension of the system for dealing with low value Road Traffic Accident (RTA) Personal Injury (PI) claims Lead department or agency: Ministry of Justice Other departments or agencies: Impact Assessment

More information

Lord Justice Jackson s Review of Civil Litigation Costs

Lord Justice Jackson s Review of Civil Litigation Costs Lord Justice Jackson s Review of Civil Litigation Costs The eagerly awaited report of Lord Justice Jackson has now been published with the objective to carry out an independent review of the rules and

More information

The New CFA and DBA Regime. Simon Edwards

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

More information

Legal Costs, Cost Agreements, Disclosure & Billing under the The Legal Profession Uniform Law. NSW Law Society Seminar

Legal Costs, Cost Agreements, Disclosure & Billing under the The Legal Profession Uniform Law. NSW Law Society Seminar Legal Costs, Cost Agreements, Disclosure & Billing under the The Legal Profession Uniform Law NSW Law Society Seminar John Fleming Solicitor (Legal Costs Unit) Law Society of NSW Tel: (02) 9926 0373 Email:

More information

Impact Assessment (IA)

Impact Assessment (IA) Prohibit the offering of inducements or similar rewards as an encouragement to make a personal injury compensation claim IA No: MoJ 022/2014 Lead department or agency: Ministry of Justice Impact Assessment

More information

Claims Management Services Regulation. Conduct of Authorised Persons Rules 2013 (2)

Claims Management Services Regulation. Conduct of Authorised Persons Rules 2013 (2) Claims Management Services Regulation Conduct of Authorised Persons Rules 2013 (2) Effective from 8 July 2013 Contents Introduction 1 Definitions 1 General Rules Principles 2 Conduct of Business 2 Professional

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

Challenges to Solicitors charges in the post Jackson era

Challenges to Solicitors charges in the post Jackson era Challenges to Solicitors charges in the post Jackson era Keith Hayward Victory Legal Costs Solicitors Tel: 0844 980 1690 Fax: 0844 980 1691 Web: www.victorylegal.co.uk E-Mail: keith.hayward@victorylegal.co.uk

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

Department of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims

Department of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims Department of Justice for Northern Ireland Alternative Methods of Funding Money Damages Claims A response by the Association of Personal Injury Lawyers June 2013 Page 1 of 8 The Association of Personal

More information

CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS

CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS General The CJC welcomes the opportunity to respond to this consultation. It further welcomes the intention to improve

More information

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland

Taylor Review. UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation in Scotland March 2012 Taylor Review UNISON Scotland response to Review of Expenses and Funding of Civil Litigation

More information

Insider. Damages-Based Agreements: potential or potential pitfall? Don McCue March 2013

Insider. Damages-Based Agreements: potential or potential pitfall? Don McCue March 2013 Our members review the latest legal developments in their specialist areas of law in an easy-to-read, digestible format. Damages-Based Agreements: potential or potential pitfall? Don McCue March 2013 As

More information

Implementation of the ban

Implementation of the ban Claims Management Regulation Implementation of the ban Kevin Rousell Head of Claims Management Regulation 19 November 2012 Current Regulatory Structure Direct regulation by the MoJ Claims Management Regulation

More information

THE JACKSON REPORT ON CIVIL LITIGATION COSTS

THE JACKSON REPORT ON CIVIL LITIGATION COSTS ITEM NO: 9 Report To: AUDIT PANEL Date: 31 January 2012 Reporting Officer: Subject: Report Summary: Recommendations: Links to Community Strategy: Policy Implications: Financial Implications: (Authorised

More information

Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society

Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society ANDREW RITCHIE QC 9 Gough Square LONDON 1 Before 2003 In PI cases in claimant work: Solicitors were paid by the hour The courts

More information

Lord Justice Jackson s Review of Costs Liability SIG Lunchtime Lecture 17 February 2010 - Manchester

Lord Justice Jackson s Review of Costs Liability SIG Lunchtime Lecture 17 February 2010 - Manchester Lord Justice Jackson s Review of Costs Liability SIG Lunchtime Lecture 17 February 2010 - Manchester Slide 1 Good afternoon Ladies & Gentlemen. Lord Justice Jackson s Review of Costs. Will it happen? Certainly

More information

Claims Management Regulation Regulation fees paid by claims management businesses. Fees Determination 2012-13

Claims Management Regulation Regulation fees paid by claims management businesses. Fees Determination 2012-13 Claims Management Regulation Regulation fees paid by claims management businesses Fees Determination 2012-13 Response to Consultation CP 20/11 CP(R) 2/12 Published 26 January 2012 Claims Management Regulation

More information

Claims Management Services Regulation. Conduct of Authorised Persons Rules 2014

Claims Management Services Regulation. Conduct of Authorised Persons Rules 2014 Claims Management Services Regulation Conduct of Authorised Persons Rules 2014 Effective from 1 October 2014 Contents Introduction 1 Definitions 1 General Rules Principles 2 Conduct of Business 2 Professional

More information

Jackson Reforms The Changing Claims Landscape: one year on

Jackson Reforms The Changing Claims Landscape: one year on CLAIMS FOCUS RISK PRACTICE BULLETIN JULY 2014 Jackson Reforms The Changing Claims Landscape: one year on A number of months have now passed since the legal milestones of 2013 which changed the way civil

More information

Report of the Working Party on Damages Based Agreements (Contingency Fees)

Report of the Working Party on Damages Based Agreements (Contingency Fees) Report of the Working Party on Damages Based Agreements (Contingency Fees) 1. The terms of reference of the Working Party (WP ) were set out by Lord Justice Jackson on behalf of the Civil Justice Council

More information

COST AND FEE ALLOCATION IN CIVIL PROCEDURE: Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK

COST AND FEE ALLOCATION IN CIVIL PROCEDURE: Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK COST AND FEE ALLOCATION IN CIVIL PROCEDURE: REPORT FOR ENGLAND AND WALES Reporter: Richard Moorhead, Professor of Law, Cardiff University, Wales, UK INTRODUCTION This short report deals with the areas

More 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