LASPO. Why has. come about brief history of reforms
|
|
- Osborn Peters
- 8 years ago
- Views:
Transcription
1
2 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 TIME FOR CHANGE Why has LASPO come about brief history of reforms There has been no shortage of discussion over the last decade regarding the UK s Compensation Culture and the rising cost of insurance claims and premiums. The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act was passed in May 2012 and took effect from 1 April For some, Part 2 of the Act - which deals with civil litigation and funding has taken on a Messianic significance in a journey towards a fairer system that has taken over ten years to complete. Interestingly, LASPO itself is still only part of the story which this update endeavours to shine light on. Undeniably, one of the key drivers for the increasing cost of claims was the transition to the contingent fee ( no win, no fee ) civil compensation model which was made possible by the Access to Justice Act The changes allowed for recovery of success fees from the losing party in civil cases. Whilst this was important in terms of accident victims being given access to justice and the ability to pursue compensation, it also allowed them to do so at no personal risk to themselves whatsoever. The net effect was a proliferation in the number of claims management companies and advertisements and a huge rise in litigation costs which led to higher insurance premiums, particularly in motor insurance. As these costs started to become unsustainable for household budgets and businesses, the Government commissioned Lord Justice Jackson to conduct a review. In 2010, the Jackson report - which ran to over 600 pages - made some key recommendations aimed at reforming the UK civil costs model. Significantly, Jackson proposed abolishing no win no fee success fees and After the Event (ATE) insurance premium recovery from losing parties. The LASPO Bill (now Act) took these forward and added another: a ban on referral fees in personal injury cases, another huge factor pushing up costs. Recognising the need to continue to provide access to justice and ensure claimants were not disadvantaged financially, the trade-off, designed by Jackson and implemented by the Coalition, was to raise the level of general damages by 10% and to introduce qualified one-way costs shifting. Outside the Sophie Spink LASPO Act, the Head of Government and Industry Affairs (GI UK) and other part of the UK Corporate Responsibility reform package Zurich Insurance Plc which is critical to the long-term cost savings agenda is the extension of the fast-track claims portal up to in motor, employers liability and public liability and the reduction in fixed fees for lawyers. The journey has not been an easy one and has been beset by attempts to disrupt progress, for example the launch of a judicial review by lawyers on fixed fees recently. We also know that the devil is always in the detail or, in this case, how the implementation plays out. But, just as the Access to Justice Act proved to be a watershed moment in the history of civil litigation, let us hope that 2013 is the watershed year when access to justice was renamed access to fairness. 3
3 Changes to funding and implications The Legal Aid, Sentencing and Punishment of Offenders Act 2012 Changes to funding and implications Information so that advice can be provided to clients Andrew Parker Head of Strategic Litigation at international law firm DAC Beachcroft 4 The need for BTE cover: When clients are looking to renew their policies, brokers must take account of the changes to the rules on the funding of litigation and the impact that this may have on the client s requirements for cover. These changes will put a different focus on the requirement for before the event (BTE) legal expenses cover which may become more popular as a result of these changes. The changes to the range of funding arrangements previously available under no win no fee type arrangements should be explained to the client. This is so that they can make an informed choice as to whether to buy BTE cover. In the light of these changes, the BTE market is likely to evolve to offer cover for potential claimants who no longer have access to risk-free ATE cover. Brokers should, therefore, keep a close eye on product developments in this part of the market. The new methods of funding claims: Changes to After The Event (ATE) policies and Conditional Fee Agreement (CFA) arrangements Claimants will still be able to fund their claim with a Conditional Fee Agreement (CFA), but those who sign a CFA on or after 1 April 2013 will be liable to pay any success fee uplift out of their damages, as the uplift will no longer be recoverable from the losing defendant. The success fee payable by the claimant will be capped at 25% of the damages that they recover. Some damages that the claimant will recover, such as future loss of earnings, will be ring-fenced so that they do not form part of the 25% cap. In addition, ATE premiums are no longer recoverable from the losing defendant if the ATE cover is taken out on or after 1 April ATE cover for certain litigation risks, however, is likely to remain available. Damages Based Agreements Damages Based Agreements (DBAs) are now allowed in all claims. These are contingency fee agreements and allow the lawyer to charge the claimant a fee based on the level of damages recovered. These contingency fees are capped at 25% of damages in personal injury claims (excluding future losses) and capped at 50% in other claims. The DBA fee is reduced to take into account any costs recovered from the defendant, reducing the proportion of damages retained as costs where the claimant recovers a contribution towards costs from the paying party. Uplift on General Damages To assist claimants who will now need to pay their own uplift out of damages, general damages will increase by 10% from 1 April 2013 for all cases, unless the claimant entered into a CFA before 1 April Damages for the asbestos cancer mesothelioma will increase by 10% even if a CFA was in place before 1 April Qualified one-way costs shifting In personal injury claims only, qualified one-way costs shifting (QOCS) has been introduced. This means that a claimant who loses their claim will not have to pay the defendant s costs. A claimant who wins their claim, but has a costs order made against them for any reason during the course of the litigation, will never have to pay more by way of costs than the damages that they recover, unless the claim was dishonest or found to have been an abuse of process. This will not apply if the claimant entered into a CFA or ATE policy before 1 April Joanna Folan Senior Solicitor at international law firm DAC Beachcroft 5
4 Changes in practice Track limits What do these changes mean in practice? Brokers should be able to advise their clients about the various funding options available to them. Clients should be advised that CFAs and ATE remain available, but that the success fee uplift and ATE premium can no longer be recovered from the paying party. Instead, the claimant, if they win their claim, will be liable to their own solicitor for those costs, which will be deducted from their damages. It should also be noted that, while ATE is still available, the market will change. Brokers will need to understand the new market; what type of cover can be arranged and at what cost. Brokers should also be able to advise their clients about the availability of Damages Based Agreements and the fact that these are calculated as against the damages recovered, rather than the costs charged as with the success fee uplift in CFAs. The broker may, therefore, need to consider with a client whether it is better to instruct a solicitor under a DBA or a CFA for their particular claim. It should be noted that the 25% cap for DBAs includes any VAT and counsel s fees, a deal which may be attractive to the client but less so for the solicitor. Brokers should also be able to explain qualified one-way costs shifting (QOCS) in personal injury cases; the effect on winning claimants (that any costs order would only be deducted from damages) as well as the protection for losing ones (the fact that a successful defendant will not recover their costs from a losing claimant, except in cases of dishonesty). They should be able to discuss whether ATE funding is appropriate at all in personal injury cases, where this QOCS protection is available for the claimants who do not already have a CFA or ATE in place. Increased small claims track limits what this means in terms of bringing claims The small claims track limit, previously 5,000, was increased to 10,000 for all claims issued at court after 1 April This means that all claims valued at up to 10,000, except personal injury or housing disrepair, will now proceed through the small claims track. Many claims which would have previously been caught by the fast track, will now proceed through the small claims track, and many claimants who would have previously been able to instruct solicitors to deal with their claim will now have to bring the claim in person. Brokers should be aware of procedures in the small claims track in order to be able to advise their clients on the process and on the small claims track mediation service which is now available. In terms of injury claims, the Government is currently consulting on whether the 1,000 limit should be increased to 5,000 for either all road traffic accident or whiplash claims. The consultation is closed and awaiting a response. However, if these changes are imposed, brokers will need to be able to advise their clients as to any new procedures or processes for bringing a personal injury claim in an RTA matter valued at up to 5,000, as many may choose to bring these claims in person without the assistance of a solicitor. 6 7
5 The RTA and EL/PL Protocols Timeframes for responses from clients The RTA and EL/PL Protocols How will claims be dealt with under the simplified procedure? RTA personal injury claims with a value of up to 10,000 have been dealt with via the RTA low value personal injury protocol since That RTA protocol is being extended horizontally such that it will now also apply to EL/PL claims and vertically so that it will apply to all such claims, RTA, EL and PL, with a value up to 25,000. The Government has advised that these changes will apply to accidents on or after 31 July 2013.The new protocols are yet to be formally signed off by the Civil Procedure Rule Committee, but draft protocols have already been circulated in largely final form and are not expected to change much at this stage. The process for RTA, EL/PL claims is that they are run using a streamlined process via an IT portal. Stage one of the process requires the claimant to provide full details of the claim by completing a claim notification form (CNF). The defendant then has a specified period of time to respond on liability. At stage 2 of the claim, the claimant must provide a settlement pack which sets out full details of the claim and the defendant has a specified time within which to make an offer. If agreement cannot be reached within the negotiation period then the claim moves on to stage 3. Stage 3 is a simplified procedure in which the court will assess the appropriate level of damages. In an RTA claim, a CNF is sent to the defendant or their insurer and must be acknowledged the next day. A full response must be provided to the claimant within 15 working days admitting and/or denying liability. If liability is denied, then the claim will exit the protocol at that stage. If it is admitted, the claim will move into stage 2. At that stage the claimant will prepare a settlement pack which is sent through to the defendant. The defendant then has an initial consideration period of 15 days within which to make an offer. The negotiation period then continues for 20 days from the end of the initial consideration period. If settlement cannot be agreed then the claim moves to stage 3 for assessment of damages by the court. 8 9
6 The RTA and EL/PL Protocols Referral fees In an EL/PL claim where the accident occurs on or after 31 July 2013, when the claimant sends the CNF through to the defendant s insurer, the insurer must acknowledge receipt on the next working day and must then respond within 30 days (for EL claims) and 40 days (for PL claims) admitting or denying liability. Again, if liability is denied then the claim falls out of the protocol. Where the claimant sends the CNF to the defendant direct rather than their insurer, then the defendant must acknowledge receipt within one working day and at the same time forward the CNF to the insurer and advise the claimant that they have done so. In an EL claim, details of the claimant s loss of earnings must be provided to the claimant within 20 days of an admission of liability. Once a claim moves into stage 2 and the settlement pack has been provided then the defendant has an initial consideration period of 15 days to make an offer and there is then a negotiation period which continues for 20 days from the end of the initial consideration period. Again, if settlement has not been achieved then the claim moves to stage 3, a simplified court assessment process. What does this mean in practice? Brokers may become aware of a claim before either the insured or the insurer and should therefore notify both immediately of the claim and of whether it seems likely to be proceeding under the RTA or EL/PL protocols. The broker may need to assist the insured with any claim and advise them on when various steps need to be taken, for example timeframes for admitting or denying liability, providing the employment documents and negotiating settlement. Clients will need to be made aware that this is a simplified procedure, that timeframes are limited and that they need to act quickly. In PL cases it is likely that claims will be notified direct to the insured rather than to the insurer and the insured will need to be advised of the steps they are required to take under the protocol and when they are required to take them. Ban on referral fees The ban on referral fees in personal injury cases was implemented on 1 April 2013 and applies to all FCAregulated firms, as well as solicitors and claims management companies. Many business arrangements will need to be restructured as a result of this ban and brokers will need to be aware of the changes that are being made by both insurers and solicitors, for example changes in the identity of the FNOL provider. What does this mean in practice? Brokers need to be aware of any changes to policy wording in terms of the structure of how claims are to be notified and to make sure that clients are aware of these changes
7
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 informationKey aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012
Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012 In brief Lord Justice Jackson s key task was to address disproportionate costs in civil litigation i.e.
More informationWelcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly Mojhelpline@uk.zurich.com
Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly If you do not get a chance to raise a question during the Webinar, you can use our MOJ advice centre, simply e mail your query to: Mojhelpline@uk.zurich.com
More informationQBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities
QBE European Operations Portal extension Guidance document June 2013 Ministry of Justice extension to the claims protocols Maximising Opportunities Portal extension Guidance document June 2013 Ministry
More informationClient Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance
Client Bulletin June 2013 Ministry of Justice Reforms update and practical guidance This bulletin provides an update to our previous bulletin about the proposed Ministry of Justice Reforms and follows
More informationT&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013
T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013 2013 JACKSON REFORM UPDATE From the beginning of April this year, Employers Liability (EL), Public Liability (PL) and Motor Injury Claims
More informationThe Impact of the Jackson Reforms on Costs and Case Management
The Impact of the Jackson Reforms on Costs and Case Management Civil Justice Council Conference 21 st March 2014 Written Submission of the Law Society The Law Society 2014 Page 1 of 9 2014 The Law Society.
More informationCivil Litigation Reforms & AIG
Access to Justice Civil Litigation Reforms & AIG Start The reforms AIG Response day 1-5 day 6-20 day 21-25 AIG process map Overview and key Changes For more details of the reforms click here > The Jackson
More informationHow To Change The Law In Germany
Community Housing Cymru update Leon Lloyd Hugh James 6 November 2013 New EL/PL claims procedure From 1 August 2013 Fast track claims EL/PL claims between 10k and 25k issued pre-1 April 2013 handled outside
More informationBriefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee. An interlocking package of reforms
Briefing for the Legal Aid, Sentencing and Punishment of Offenders Bill Committee An interlocking package of reforms March 2012 Briefing for Members of the Legal Aid, Sentencing and Punishment of Offenders
More informationThe Incorporated Law Society of Cardiff and District. Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick
The Incorporated Law Society of Cardiff and District Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick Agenda Legal Aid, Sentencing and Punishment of Offenders
More informationTHE JACKSON REFORMS. Lord Justice Jackson s review of Civil litigation costs and the impact on insurers. Nicola Billen. The Jackson Reforms
THE JACKSON REFORMS Lord Justice Jackson s review of Civil litigation costs and the impact on insurers Nicola Billen The Jackson Reforms The current civil justice system Costs generally Funding models
More informationEXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013. 2013 No. 689
EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS ORDER 2013 2013 No. 689 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament by Command of
More informationProposals for Reform of Civil Litigation Funding and Costs in England and Wales
Proposals for Reform of Civil Litigation Funding and Costs in England and Wales Consultation Paper Response of JUSTICE February 2011 Q 1 Do you agree that CFA success fees should no longer be recoverable
More informationCLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013
CLAIMSadvisor RISK PRACTICE JULY 2013 Employers & Public Liability Claims Jackson Reforms update We recently provided an overview of the Jackson Reforms and the key changes in relation to Employers Liability
More informationT&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013
T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013 2013 JACKSON REFORM UPDATE PART TWO Since our February 2013 Jackson Reforms update, we have seen the claimant lobby s Judicial Review proceedings
More informationThe four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more. Tony Buss, Managing Director ARAG (UK)
The four year assessment evaluating the outcome of The Jackson Review and LASPO on ATE, BTE and more Tony Buss, Managing Director ARAG (UK) 1 Comments on Jackson [The Government s] are seeking to strike
More informationREPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES
Report to Finance and Property Committee REPORT OF SERVICE DIRECTOR, FINANCE AND PROCUREMENT 25 February 2013 Agenda Item: 5 PERSONAL INJURY CLAIMS: JACKSON REFORMS TO THE CIVIL JUSTICE PROCEDURES Purpose
More informationCONDITIONAL FEE AGREEMENTS GUIDANCE
Disclaimer In all cases solicitors must ensure that any agreement with a client is made in compliance with their professional duties, the requirements of the SRA and any statutory requirements depending
More informationConsultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000
Consultation Document Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Response from: British Vehicle Rental and Leasing Association River Lodge Badminton
More informationImplementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012
Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012 Alistair Kinley Partner & Head of Policy Development t: 020 7865 3350 e: alistair.kinley@blm-law.com construction
More informationA response by the Association of Personal Injury Lawyers March 2014
Civil Justice Council The impact of the Jackson reforms on costs and case management A response by the Association of Personal Injury Lawyers March 2014 Page 1 of 10 Introduction 1. 2013 brought major
More informationLEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE
LEGAL AID, SENTENCING AND PUNISHMENT OF OFFENDERS BILL HOUSE OF LORDS COMMITTEE STAGE 1. Executive summary The Bar Council s proposals for Part 2: Civil litigation funding and costs 1.1. The Bar Council
More informationBC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction
Extending the RTA Portal to Disease claims May 2013 1. Introduction In July 2013 the existing RTA PI protocol will be extended to EL and PL claims. In addition, the value of claims captured by the protocol
More informationCivil Litigation Reforms. March 2013
Civil Litigation Reforms March 2013 1 contents Introduction... 2 The Jackson Report... 4 Implementation...5 Referral fees... 6 Conditional Fee Agreements... 8 After the Event Insurance... 10 Damages Based
More informationNick Pargeter Partner, BLM
Impact of Civil Justice reforms on disease claims Nick Pargeter Partner, BLM construction & property corporate risks healthcare insurance & indemnity leisure public sector retail technology, media & telecoms
More informationThe Jackson Reforms Jan Thompson, Director
The Jackson Reforms Jan Thompson, Director In response to the perceived compensation culture in our civil justice system, the government has announced their intention to implement the majority of Lord
More informationCHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE
CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE By Chris Rafferty & Colin Richmond INTRODUCTION The reforms of the RTA Portal Scheme have been relatively few to date, but are nevertheless worthy
More informationAn Update on the Ministry of Justice Reforms to Personal Injury Procedures
An Update on the Ministry of Justice Reforms to Personal Injury Procedures In terms of scale, the changes to the claims process for personal injury claims that interested parties have been expecting since
More informationwww.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Implications for Personal Injury Litigation
www.mcdermottqc.com Legal Aid, Sentencing and Punishment of Offenders Bill: Legal Aid, Sentencing and Punishment of Offenders Bill: The Legal Aid, Sentencing and Punishment of Offenders Bill covers a wide
More informationUK: 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 informationCivil litigation reforms Jackson one year on
Civil litigation reforms Jackson one year on Introduction 1 April 2013 saw a number of civil litigation reforms come into force. The reforms were spearheaded by Lord Justice Jackson and were heralded to
More informationL.E. LAW INFORMATION SHEET NO. 14 GUIDE TO FUNDING OPTIONS FOR LITIGATION
LE Law Services Ltd 127 High Road Loughton Essex IG10 4LT Telephone: 020 8508 4961 Facsimile: 020 8508 6359 www.lelaw.co.uk L.E. LAW INFORMATION SHEET NO. 14 GUIDE TO FUNDING OPTIONS FOR LITIGATION Introduction
More informationDisease: 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 informationConditional 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 informationBriefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill
Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Kennedys advocates the repeal of Amendments 132AA and 132AB added to the Legal Aid, Sentencing
More informationThe Jackson Report - insurance industry myths and the reality for employers. Tom Jones Head of Policy & Public Affairs Thompsons Solicitors
The Jackson Report - insurance industry myths and the reality for employers Tom Jones Head of Policy & Public Affairs Thompsons Solicitors Background to Jackson Jackson Review of Civil Costs ordered in
More informationJackson Reforms The Changing Claims Landscape: one year on
CLAIMS FOCUS RISK PRACTICE BULLETIN JULY 2014 Jackson Reforms The Changing Claims Landscape: one year on A number of months have now passed since the legal milestones of 2013 which changed the way civil
More informationPreamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013
HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk
More informationCivil Litigation Costs - The Jackson Report
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 informationGuide to litigation costs and funding
Guide to litigation costs and funding Contents Introduction Legal Aid Before the Event Insurance (BTE) Third Party Funding Paying for the claim yourself Alternative Billing Models (ABM) After the Event
More informationDamages Based Agreements: The Basics
Damages Based Agreements: The Basics The main provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force on the 1st April 2013 and promise to herald a major change
More informationUpdate from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra
Update from UK asbestos and deafness working parties Robert Brooks, Brian Gravelsons and Gabriela Macra 02 May 2013 Agenda Update from the UK asbestos working party Background and Introduction Recap on
More informationDBA 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 informationConditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
More informationImplementation of the Jackson Reforms. The key changes.
March 2013 Implementation of the Jackson Reforms. The key changes. Introduction On 1 April 2013, a large tranche of the reforms proposed by the 2010 review of civil litigation costs by Lord Justice Jackson
More informationQBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims Portal Extension
QBE European Operations UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms and Ministry of Justice Claims Extension UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms
More informationWhether the government is correct in describing the UK as the whiplash capital of the world
Whiplash and the cost of motor insurance: what s behind the insurance industry claims Submission to the Transport Committee by Thompsons Solicitors April 2013 About Thompsons Thompsons is the UK s most
More informationBar 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 informationRTA Portal Update. Lesley Proctor. www.rtapiclaimsprocess.org.uk
RTA Portal Update Lesley Proctor www.rtapiclaimsprocess.org.uk Presentation Objectives How the RTA Portal works History Process Performance Impact How it would work for EL / PL Claims The future Building
More informationMOJ 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 informationMajor UK Government Proposals on Reform of Litigation Costs and Funding
Major UK Government Proposals on Reform of Litigation Costs and Funding Dr Christopher Hodges Head of the CMS Research programme on Civil Justice Systems Centre for Socio-Legal Studies University of Oxford
More informationProposals 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 informationClaims 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 informationKeoghs 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 informationPrivate 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 informationPUBLIC. CIVIL JUSTICE COMMITTEE Minutes of the meeting on 12 November 2013 at 10.30 in the Old Bookshop, 113 Chancery Lane, London.
Posted on Corporate Business on 11 December 2013 as approved by the Chair CIVIL JUSTICE COMMITTEE Minutes of the meeting on 12 November 2013 at 10.30 in the Old Bookshop, 113 Chancery Lane, London Part
More informationCIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT
Introduction CIVIL JUSTICE COUNCIL THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT Submission by the Motor Accident Solicitors Society (MASS) March 2014 1. This response is prepared on behalf
More informationCULTURE TACKLING THE COMPENSATION NOISE INDUCED HEARING LOSS CLAIMS. Improving the claims system for everyone
SECTION TACKLING THE COMPENSATION CULTURE NOISE INDUCED HEARING LOSS CLAIMS Improving the claims system for everyone 3 @BritishInsurers Follow us on Twitter @BritishInsurers TACKLING THE COMPENSATION CULTURE:
More informationThe New CFA and DBA Regime. Simon Edwards
The New CFA and DBA Regime Simon Edwards CFAs post 1 April 2013 Section 58A (6) Courts and Legal Services Act 1990 (CLSA) provides that a costs order made in proceedings may not include provision requiring
More informationPersonal 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 informationConditional Fee Agreement: What You Need to Know
Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying
More informationIntroduction 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 informationPRE-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 informationA BARRISTER S GUIDE TO YOUR PERSONAL INJURY CLAIM
EDITION ONE FIRST UPDATE APRIL 2013 A BARRISTER S GUIDE TO YOUR PERSONAL INJURY CLAIM Julian Benson 2013 Page 1 INTRODUCTION TO THE UPDATE This is the first update to the guide, which was published in
More informationLord 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 informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Pre-action Conduct of Litigation
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles 1.1 Introduction 1.1.1 Overview of civil litigation process 1.2 Introduction to the civil courts 1.2.1
More informationShort Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013
LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse
More informationDAMAGES BASED AGREEMENTS AND CONTINGENCY FEES. Colm Barry
DAMAGES BASED AGREEMENTS AND CONTINGENCY FEES Colm Barry Both CFAs and DBAs are a type of contingency fee. Contingency fees generally are unlawful for contentious business except where permitted by statute.
More informationCosts Law Update Lamont v Burton
- The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants
More informationPreparing your Firm for the Referral Fee Ban TRACEY CALVERT
Preparing your Firm for the Referral Fee Ban TRACEY CALVERT PUBLISHED BY IN ASSOCIATION WITH Chapter 1: Understanding the changes which have been made THIS REPORT is about the ban on referral fees in personal
More informationGIRO40 8 11 October, Edinburgh
GIRO40 8 11 October, Edinburgh Bodily Injury Where next? Tim Jordan The MDU Cherry Chan Barnett Waddingham James Turner The MDU 14 October 2013 1 Questions Comments Expressions of individual views by members
More informationLow value personal injury
Low value ersonal injury i claims: Extended ortal rules key facts The 65 th udate to the Civil Procedure Rules comes into force on 31 July 2013. Full details of the changes can be found below but the major
More informationLegal Watch What s on the horizon
Legal Watch What s on the horizon January 2014 Introduction Welcome to the first joint Plexus/Greenwoods review of what the next quarter holds for those involved in personal injury claims. In This Issue:
More informationReport 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 informationAPIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13,
SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 April 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse mesothelioma.)
More informationReforming mesothelioma claims:
Reforming mesothelioma claims: The Government response to consultation on proposals to speed up the settlement of mesothelioma claims in England and Wales This response is published on 6 March 2014 Reforming
More informationCIVIL JUSTICE ANNUAL REVIEW
LEGAL AFFAIRS AND POLICY BOARD 28 th April 2015 Item 5.5 Classification - Public Purpose For Information CIVIL JUSTICE ANNUAL REVIEW The Issues The attached paper sets out the major areas of work undertaken
More informationFrequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports
Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 2 Medical Reports Q35. Can insurers question the medical report? A35. The defendant/insurer cannot question the
More informationTrack 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 informationChallenges 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 informationThe Lifecycle of a Personal Injury Claim. By Andrew Mckie (Barrister at Law) Clerksroom July 2012. Telephone 0845 083 3000 or go to www.clerksroom.
1 1. Introduction The Lifecycle of a Personal Injury Claim By Andrew Mckie (Barrister at Law) Clerksroom July 2012 The aim of the presentation is to look at the basic steps from the taking instructions
More informationThe industry is delivering on its commitment to pass on savings to customers
TRANSPORT SELECT COMMITTEE INQUIRY COST OF MOTOR INSURANCE: WHIPLASH Evidence from the Association of British Insurers The Association of British Insurers (ABI) is the voice of the insurance and investment
More informationAccident Response Pack
AIG Casualty Risk Consulting Accident Response Pack Start INTRODUCTION What to do before an accident Risk Management Keys Health and Safety online system What to do when an accident happens Accident Investigation
More informationThe 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 information1.3 Analyse the roles of the key participants in a PI case
Title Introductory Considerations for Personal Injury Lawyers Level 4 Credit value 8 Learning outcomes The learner will: Assessment criteria The learner can: Knowledge, understanding and skills 1 Understand
More informationCFAs & ATE Policies Implications for Professional Indemnity Market
CFAs & ATE Policies Implications for Professional Indemnity Market Michael Lent Bond Pearce David Pipkin Temple Legal Protection Ltd July 2006 Indemnity principle Harold v Smith 1860 Gundry v Sainsbury
More informationquestions fees payable under the new process?
Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 3 Q72. Will paper hearings be allowed for child claims? A72. No. All child claims will require an oral hearing.
More informationInformation 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 informationmaking a road traffic accident claim
W E L C O M E P A C K making a road traffic accident claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation for over
More informationNo win no fee: our proposition after Jackson
No win no fee: our proposition after Jackson February 2013 Cathy Hawkins Partner, BLM t: 020 7865 3308 e: cathy.hawkins@blm-law.com Offices Birmingham Bristol Cardiff Dublin Leeds Liverpool London Manchester
More informationtions 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 informationImpact Assessment (IA)
Title: Reducing the number and costs of personal injury claims IA No: MoJ 163 Lead department or agency: Ministry of Justice Other departments or agencies: Department of Health Impact Assessment (IA) Date:
More informationConditional Fee Agreements: best practice. no win - no fee - limiting the cost of claims to taxpayers
Conditional Fee Agreements: best practice no win - no fee - limiting the cost of claims to taxpayers contents 1 outline of problem page 1 outline of problem 3 2 worst practice 4 3 best practice 6 4 the
More informationsuffered more severe injuries. Such injuries are likely to be, towards the upper limit, permanent.
CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE Chris Rafferty INTRODUCTION The proposed reforms of the RTA Portal Scheme have been few and far between to date, but are nevertheless worthy of
More informationTechnical 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 informationProposed Extension of the RTA scheme to include employers and public liability claims up to 25,000: AJAG response
Proposed Extension of the RTA scheme to include employers and public liability claims up to 25,000: AJAG response By way of preamble, AJAG is concerned about the overall consultation process. Whist we
More informationLord Justice Jackson s Review of Costs Liability SIG Lunchtime Lecture 17 February 2010 - Manchester
Lord Justice Jackson s Review of Costs Liability SIG Lunchtime Lecture 17 February 2010 - Manchester Slide 1 Good afternoon Ladies & Gentlemen. Lord Justice Jackson s Review of Costs. Will it happen? Certainly
More informationASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers
ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields
More informationmaking a personal injury compensation claim
W E L C O M E P A C K making a personal injury compensation claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation
More information