Disease: solving disputes post 1 April 2013

Size: px
Start display at page:

Download "Disease: solving disputes post 1 April 2013"

Transcription

1 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 to take place on 31 July 2013 and other changes affecting disease claims. Multi Track claims Cost budgeting Costs budgeting has been implemented but there has been no uniform approach by the courts as to when (and in some cases whether) the parties are ordered to prepare a costs budget. Local courts seem aware of the difficulties facing practitioners and are more than willing to provide telephone guidance on when to prepare costs budgets. Inevitably outcomes at costs management hearings will vary but already we have seen District Judges reduce claimants budgets, using the defendant budget as a guidance tool. This demonstrates the importance and value of the defendant s budget even in cases where there may be little prospect of the defendant recovering any costs. In one instance, a claimant s budget was reduced by almost 50% and this can only be welcomed as the true intention behind costs budgeting. Mesothelioma Bill The Mesothelioma Bill 2013 introduces a payment scheme for mesothelioma sufferers exposed at work who are unable to trace a solvent employer or relevant employers liability (EL) insurer to claim against and improvements to the tracing system to identify EL insurers. The Bill completed its Committee stage on 10 June. The proposed scheme is to make payments to people first diagnosed with diffuse mesothelioma on or after 25 July 2012, who would have a valid claim against an employer in the UK but who are unable to bring a claim for damages against that employer or their EL insurer. Public liability claims, notably secondary exposure cases arising from washing a spouse s asbestos contaminated work clothes, are not covered by the scheme. The scheme is to be funded by an annual levy, currently estimated at 35m, on insurers currently active in the (EL) insurance market. Each insurer s share of the levy is determined by their (EL) market share. The scheme tariff will be set at a percentage of average civil damages, currently expected to be 70%. CRU recoupment and offsetting benefits will eventually apply but not during the first year of the scheme. It is likely that a fixed fee payment will be made for claimant s legal costs, with current suggestions ranging from 2,000 to 7,000. The Bill also provides for the creation of a Technical Committee, designed to make binding decisions in disputes about whether an insurer provided EL cover to a particular employer at the time the claimant was negligently exposed to asbestos. Although the consultation response included proposals that would compel membership of the Employer Liability Tracing Office, the Bill does not actually go this far.

2 The limitation on eligibility to those diagnosed with mesothelioma on or after 25 July 2012, the reduced tariff payments and the failure to apply the scheme to all asbestos related diseases has already attracted critics. They are unlikely to be silenced once the Bill becomes enacted. As with all government schemes, it is to be seen as a fund of last resort. Mesothelioma claims process The publication of the Ministry of Justice (MoJ) consultation on other parts of the reform package, including a simpler more streamlined online claims process for all mesothelioma claims with set timescales and fixed legal costs, is anticipated before the end of the summer. Meanwhile: Pre LASPO funding arrangements remain valid for mesothelioma claims so that unsuccessful defendants still face recoverable success fees and After The Event (ATE) insurance premiums regardless of the date of the conditional fee arrangement (CFA) or ATE policy An order for costs against a claimant in a mesothelioma claim will be enforceable if the claim is funded by an old world CFA (Qualified One Way Costs shifting. (QOCS) only applies to a mesothelioma claim if it is funded other than by a pre LASPO CFA) 10% uplift for general damages (Simmons v Castle) applies Contribution claims Mesothelioma and any other indivisible claims are generally settled by single sued defendants, with separate recovery then sought from any other tortfeasors or contributors pursuant to the Civil Liability (Contribution) Act This is likely to be an increasing trend in cases where there are multiple tortfeasors if a streamlined portal type process and fixed fees are introduced. Smooth fast and effective co ordination between those representing multiple tortfeasors will be essential to avoid potentially costly contribution proceedings. A contribution claim is not a claim for personal injury and therefore the QOCS regime does not apply. An order for costs against either party in contribution proceedings will be enforceable. When liability to make a contribution is not clear cut such claims will continue to be viewed with greater caution than claims advanced by claimants themselves, due to the largely untested ground surrounding the weight of evidence given by claimants compared to that produced by defendants seeking reimbursement, with the risk of an adverse costs orders if the claim is unsuccessful. Fast Track The Portal The extended RTA protocol will apply to disease claims where no letter of claim has been submitted prior to 31 July A disease claim will fall into the portal process if: It is an employers liability claim It has a value, as claimed, of no more than 25,000 on a full liability basis including all heads of claim but excluding interest. Damages for pain suffering and loss of amenity must have a value of more than 1,000 (i.e. the claim must not fall within the Small Claims Track). It is against a single defendant (but could be against multiple insurers) The defendant is solvent and/or its insurer has been identified A claim for a disease caused by an accident or other single event that occurs on or after 31 July 2013 regardless of whether it is an employers liability claim or a public liability claim will fall inside the portal as such claims are categorised as accident claims rather than disease claims. This will catch some work related upper limb disorders (WRULD) claims and some respiratory and dermatitis claims involving a single chemical/irritant exposure. Disease claims satisfying the criteria constitute less than 20% of the current disease market.

3 A claim will fall out of the Portal process if: The defendant fails to complete and send a response within the time period allowed (30 days from when the Claims Notification Form (CNF) is sent in EL cases) There is not a full admission of liability (to include limitation and causation The defendant can opt that the claim should come out of the Protocol if it considers that inadequate mandatory information has been provided in the CNF A Claimant can opt to take the claim out of the Protocol if a defendant fails to pay Stage 1 fixed costs when due Liability decisions in disease cases are rarely straightforward. It is to be hoped that the proposed CNF for disease claims will be revised in the future to prevent further claims falling unnecessarily out of the process. Currently there is no provision in the CNF for: HMRC Schedule of Employment or other proof of employment Proof of diagnosis Confirmation that there has been no exposure other than with the named defendant Confirmation that no previous or other claims have been made for the same disease Information pertinent to limitation other than when the claimant first sought medical attention A defendant may withdraw the admission in respect of causation made in the Stage 1 response providing this is done within the 15 day initial consideration period or any agreed extension. The reversion to guideline hourly rates for disease claims which fall outside the portal makes it all the more important to ensure that those true portal cases remain there. Claims dealt with under that regime will be significantly less expensive and will have the advantage of a predictable costs outcome. Defendant organisations need to consider what categories of cases they do wish to retain in the Portal and ensure their processes are adapted to fulfill this aim. Live defendants with accessible and comprehensive records of employment history, exposure and confirmed diagnosis of occupational disease will be able to realise the costs benefits of handling claims within the Portal. Defendant organisation should consider: Revising personnel records to provide employment and exposure history Providing information on company names and structure and insurers on websites and/or a process to answer queries of this nature promptly Requests for personnel and occupational health records will continue to be made. Contact with claims handlers/insurers is essential at that stage if the Portal timescales are to be met. Where possible a signed authority for release of the records to the defendant and their claims handlers/insurers as well to the claimant and his representatives should be sought. Reviewing procedures and contact arrangements to enable early and speedy investigation Where there is a full insurance history for an insured, insurers may wish to consider a pay and be paid arrangement on the basis that the handling insurer will be the decision maker and a clear time limit for reimbursement There has already been a large rise in disease claims notified to insurers from March 2013 which was the result of extensive farming of disease claims in the run up to the reforms, primarily to ensure claimants were signed up on old world CFAs to allow the potential recovery of success fees. Defendant organisations need to beware of false multi party claims, for example where there are ostensibly several defendants but an employer has changed names and is in fact the same entity or liability rests with a single employer by virtue of the TUPE regulations. Also be aware of claims which artificially inflate quantum, such as claims for psychological injury as well as tinnitus in noise induced hearing loss claims.

4 In either case if it becomes clear during claim handling or on settlement that the case should have remained in the Portal defendants should have no fear of raising the argument for portal only fixed fees to apply. Transitional cases c There will be a long tail of transitional cases and care must be taken to identify such cases and avoid leakage on general damages and costs. Was CFA in place and entered into on or before 31/3/2013? If CCFA: did claimant s solicitors provide advocacy or litigation services to the claimant on or before 31/3/2013? Was ATE policy in place taken out on or before 31/3/2013? Yes - pay success fee Yes - pay ATE premium No 10% uplift on general damages QOCS does not apply Fast track costs The majority of disease claims are comparatively low value and dealt with on the Fast Track but, unless they remain within the Portal, will attract guideline hourly rates. Costs budgets are not required in Fast track cases and there is no provision for a costs estimate to be served prior to the directions or listing stages. Control on costs may be assisted by obtaining an order for exchange of costs estimates but the main route for control will still fall at the end of the case when costs are assessed. Proportionality will be the key issue and defendants need to be alert for and ready to challenge unnecessary costs building such as drip feeding information using numerous short letters. Section 69 Enterprise and Regulatory Reform Act 2013 The Enterprise and Regulatory Reform Act completed its path through parliament and received Royal Assent on 25 April Section 69 amends section 47 of the Health & Safety at Work Act 1974 so that breach of a duty under an existing statutory regulation will no longer be actionable in law unless the statutory provision provides otherwise. Once section 69 is fully in force, which is likely to be in October 2013, breaches of such statutory duties that have previously been found to invoke strict liability can no longer be relied upon and claimants will have to prove negligence. The section is not retrospective, so it will not apply to breaches that occur before the section comes into force. The effect of section 69 is likely to be concentrated in asthma and dermatitis cases involving breaches of COSHH. These claims may fall to be dealt with in the Portal after 31 July Currently such cases are difficult to defend on breach of duty grounds. The return to the negligence based assessment will allow defendants to restore the balance in favour of a common sense approach to the management of health and safety. Defendants must be willing and ready to investigate claims and make decisions on liability quickly. Whilst there may be clear economic advantages in some cases of ensuring a case remains within the Portal, the same rigour should be applied to disease claims as we do presently. Poor claims should be resisted both now and under the future system. For more information on the issues raised in this update, please contact Victoria Douglas, Associate on / or Judith Peters, Principal Litigation Support Lawyer on / You can also find more information at or by ing

5 This update does not attempt to provide a full analysis of those matters with which it deals and is provided for general information purposes only. This update is not intended to constitute legal advice and should not be treated as a substitute for legal advice. Weightmans accepts no responsibility for any loss, which may arise from reliance on the information in this update. The copyright in this update is owned by Weightmans 2013 Data Protection Act Pursuant to the Data Protection Act 1998, your name may be retained on our marketing database. The database enables us to select contacts to receive a variety of marketing materials including our legal update service, newsletters and invites to seminars and events. It details your name, address, telephone, fax, , website, mailing requirements and other comments if any. Please ensure you update our marketing team with any changes. You have the right to correct any data that relates to you. You should contact James Holman, our Data Protection Officer in writing, at 100 Old Hall Street Liverpool L3 9QJ.

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

Nick Pargeter Partner, BLM

Nick 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 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

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

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

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

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

More information

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

Low value personal injury

Low 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 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

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

HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS

HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS Personal Injury Stephen Nye & Satinder Bains Partners Irwin Mitchell LLP, Birmingham FACTS AND FIGURES The number of cases of mesothelioma, caused by asbestos,

More information

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

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

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

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

More information

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

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013

Preamble 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 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

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

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

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

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

Proposals 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 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 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

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

OUTLOOK: PERSPECTIVES ON TOPICAL RISK AND INSURANCE ISSUES FOR UK CORPORATES June 2013 MARSH INSIGHTS: OUTLOOK: PERSPECTIVES ON TOPICAL RISK AND INSURANCE ISSUES FOR UK CORPORATES Over recent months we have profiled several developments in relation to insurance claims specifically

More information

Reforming mesothelioma claims. A consultation on proposals to speed up the settlement of mesothelioma claims in England and Wales

Reforming mesothelioma claims. A consultation on proposals to speed up the settlement of mesothelioma claims in England and Wales A consultation on proposals to speed up the settlement of mesothelioma claims in England and Wales Consultation Paper This consultation begins on 24 July 2013 This consultation ends on 2 October 2013 2

More information

Implementing 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 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 information

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

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

More information

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

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

More information

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

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

More information

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

Occupational disease and the Pre-action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) claims Occupational disease and the Pre-action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) claims Simon Morrow Partner, BLM t: 0161 838 6791 e: simon.morrow@blm-law.com July

More information

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

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

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

More information

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

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

More information

Costs Law Update Lamont v Burton

Costs Law Update Lamont v Burton - The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton [2007] EWCA Civ 429 is likely to have serious costs implications for defendants

More information

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

Legal Watch What s on the horizon

Legal 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 information

Agenda. What Next For Noise Induced Hearing Loss Claims? Recent experience. The future for NIHL claims. Brian Gravelsons Gary Brankin 05/10/2015

Agenda. What Next For Noise Induced Hearing Loss Claims? Recent experience. The future for NIHL claims. Brian Gravelsons Gary Brankin 05/10/2015 What Next For Noise Induced Hearing Loss Claims? Brian Gravelsons Gary Brankin 05 October 2015 alette for PowerPoint colour tions palette ark blue 17 G52 B88 old 217 G171 B22 id blue 64 G150 B184 ight

More information

Technical claims brief

Technical claims brief QBE European Operations Technical claims brief Monthly update June 2013 Technical claims brief Monthly update June 2013 Contents Costs 1 Limiting the cost of medical agency fees Charman v Reilly (May 2013)

More information

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

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

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL

More information

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

Compensation Claims. Contents

Compensation Claims. Contents Compensation Claims Contents Employers' duties What kind of claims may be made? The tort of negligence Tort of breach of statutory duty Civil liability exclusions Conditions to be met for breach of statutory

More information

Conditional Fee Arrangements, After the Event Insurance and beyond!

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

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

Civil Justice Council submissions Jackson, one year on

Civil Justice Council submissions Jackson, one year on Civil Justice Council submissions Jackson, one year on 1. Introduction 1.1 Weightmans LLP is a top 40 law firm with 1,400 employees with one of the largest national defendant litigation solicitor practices

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

CULTURE TACKLING THE COMPENSATION NOISE INDUCED HEARING LOSS CLAIMS. Improving the claims system for everyone

CULTURE 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 information

Impact Assessment (IA)

Impact Assessment (IA) Title: Mesothelioma Pre-Action Protocol and Fixed Cost Regime IA No: MoJ 200 Lead department or agency: Ministry of Justice Other departments or agencies: Impact Assessment (IA) Date: 23 May 2013 Stage:

More information

CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE

CHANGES 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 information

Employer s Liability in a Practical Context

Employer s Liability in a Practical Context Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An

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

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

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

MOJ Portal The Key to Success

MOJ Portal The Key to Success MOJ Portal The Key to Success Challenges Practicalities Opportunities The new MOJ reforms and extended EL/PL and RTA Portals (and fixed fees) have been implemented to a chorus of outrage and dismay by

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

Information Gathering Exercise on Pre-Action Protocols

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

More information

Asbestos Disease Claims

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

More information

After the Event Insurance. for Clinical Negligence. Litigation Advantage ATE. Legal expenses insurance experts www.temple-legal.co.

After the Event Insurance. for Clinical Negligence. Litigation Advantage ATE. Legal expenses insurance experts www.temple-legal.co. After the Event Insurance for Clinical Negligence Litigation Advantage Legal expenses insurance experts ATE w Contents Temple Legal Protection After the Event Insurance from Temple Benefits of ATE Insurance

More information

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

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

More information

Pre action protocol for low value personal injury claims in road traffic accidents

Pre action protocol for low value personal injury claims in road traffic accidents http://websvr/textimagecreator (Text image creator to change heading) Pre action protocol for low value personal injury claims in road traffic accidents Contents SECTION I - INTRODUCTION Definitions Paragraph

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

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

the compensation myth

the compensation myth the compensation myth The Compensation Myth It is common to hear stories of the Compensation Culture or claims that Britain is becoming Risk Averse as a result of people claiming compensation. The truth

More information

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

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

More information

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

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

Reforming mesothelioma claims:

Reforming 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 information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

Short Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013

Short 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 information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

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

MASS agrees with the introduction of mandatory fixed fees for initial medical reports undertaken by the experts proposed.

MASS agrees with the introduction of mandatory fixed fees for initial medical reports undertaken by the experts proposed. Ministry of Justice Consultation: Whiplash Reform: Proposals on Fixed Costs For Medical Examinations / Reports and Related Issues Response from the Motor Accident Solicitors Society May 2014 Introduction

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

tions Weightmans Low Value Personal Injury Claims in Road Traffic Accidents

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

More information

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13,

APIL/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 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

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents PROTOCOLS I INTRODUCTION Definitions 1.1 In this Protocol (1) claim means a claim, prior to the start of proceedings,

More information

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk.

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk. 9 March 2015 Royal Commission into Institutional Responses to Child Sexual Abuse Submitted by email: redress@childabuseroyalcommission.gov.au Dear Sir/Madam CONSULTATION PAPER: REDRESS AND CIVIL LITIGATION

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Reforming mesothelioma claims

Reforming mesothelioma claims Reforming mesothelioma claims Kennedys response to a consultation on proposals to speed up the settlement of mesothelioma claims in England and Wales 2 October 2013 1 Table of contents TABLE OF CONTENTS...1

More information

Levy & McRae CLAIMS IN SCOTLAND

Levy & McRae CLAIMS IN SCOTLAND Levy & McRae CLAIMS IN SCOTLAND Contents 3 Introduction 4 Voluntary Pre-action Protocol 6 Raising a Court Action 7 Sheriff Court 9 Court of Session 10 Time Bar 11 Hearings 12 Expenses 2 Introduction Credible,

More information

The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows

The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows 65 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the

More information

Knowledge. Practical guide to competition damages claims in the UK

Knowledge. Practical guide to competition damages claims in the UK Knowledge Practical guide to competition damages claims in the UK Practical guide to competition damages claims in the UK Contents Reforms to damages litigation in the UK for infringements of competition

More information

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

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

More information

Mesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme

Mesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme www.fieldfisher.com/personalinjury Freephone 0800 358 3848 Mesothelioma Act 2014 and the Diffuse Mesothelioma Payment Scheme A guide for clients Head and shoulders above the rest in terms of skills, experience

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

Clinical Negligence: A guide to making a claim

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

More information

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

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

More information

LEGAL 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 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 information

Cost of Preferred (or more likely) Option. Net cost to business per year (EANCB on 2009 prices)

Cost of Preferred (or more likely) Option. Net cost to business per year (EANCB on 2009 prices) Title: Mesothelioma Payment Scheme IA No: Lead department or agency: DWP Other departments or agencies: MoJ Impact Assessment (IA) Date: 06/03/2014 Stage: Final Source of intervention: Domestic Type of

More information

DAMAGES BASED AGREEMENTS AND CONTINGENCY FEES. Colm Barry

DAMAGES 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 information

Update 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 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 information

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS (AMENDMENT) ORDER 2010. 2010 No. [Draft]

EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS (AMENDMENT) ORDER 2010. 2010 No. [Draft] EXPLANATORY MEMORANDUM TO THE CONDITIONAL FEE AGREEMENTS (AMENDMENT) ORDER 2010 2010 No. [Draft] 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament

More information

IOSH Midland North District

IOSH Midland North District IOSH Midland North District 26 th February 2015 The Civil Case Housekeeping Fire Safety please follow signs exit via stairwell and front door. Assembly point on car park. Toilets located on each landing.

More information

Damages Based Agreements: The Basics

Damages 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 information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

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

More information

Road Traffic Accident Claims

Road Traffic Accident Claims Road Traffic Accident Claims A brief guide to the claims process Table on contents: Introduction... 2 If your claim falls out of the new regime... 2 Parties to a claim... 2 The claims process... 3 Time

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The

More information

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

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

More information