1 1 Claims Post Jackson Some Additional Information Andrew Mckie, Barrister Clerksroom - May 2013 Telephone / The EL and PL Position and Jackson One Month On How are things shaping up? 1. The Position Regarding Public liability, Disease and Employers Liability claims In 2013 the current MOJ Protocol for Low Value Personal Injury Claims in Road Traffic Accidents up to 10,000 will be extended to Employers' Liability (EL), Public Liability (PL) and motor claims with a value up to 25,000. These come into effect at the end of July What does this mean for these claims in term of costs?
2 2 3. The Protocols The draft protocols can be found at:- The publication of the final protocols are still awaited. The most relevant sections from the protocol are:- 1.1 In this Protocol (1) admission of liability means the defendant admits that (a) the breach of duty occurred; (b) the defendant thereby caused some loss to the claimant, the nature and extent of which is not admitted; and (c) the defendant has no accrued defence to the claim under the Limitation Act 1980; If causation is an issue, it should therefore exit the Portal.
3 3 (1) employers liability claim means a claim by an employee against their employer for damages arising from (a) a bodily injury sustained by the employee in the course of employment; or (b) a disease that the claimant is alleged to have contracted as a consequence of the employer s breach of statutory or common law duties of care in the course of the employee s employment, other than a physical or psychological injury caused by an accident or other single event; a) Disease claims are therefore likely to start in the portal, but most will probably exit if causation is not admitted, see above. b) Many firms are now moving from RTA to disease work, for this reason. Disease claims ie noise induced hearing claims often have more than one defendant, multiple causation issues and therefore, very difficult to admit liability within 14 days, for the Defendant. Most employers liability claims likely to exit, for a number of reasons:- i) Lack of information in portal to investigate ii) Time taken to investigate = more complexity for EL claims. iii) Difficult to obtain report from the policyholder and documents within time periods. iv) Issue quickly once fallen out of the portal. (2) public liability claim (a) means a claim for damages for personal injuries arising out of a breach of a statutory or common law duty of care made against (i) a person other than the claimant s employer; or (ii) the claimant s employer in respect of matters arising other than in the course the claimant s employment; but
4 4 (c) does not include a claim for damages arising from a disease that the claimant is alleged to have contracted as a consequence of breach of statutory or common law duties of care, other than a physical or psychological injury caused by an accident or other single event. Again, most PL claims (occupiers under the Occupiers Liability Act 1957 / highways cases under Section 41 of the Highways Act 1980) likely to exit for a number of reasons;- a) Lack of time to investigate for the Defendant and obtain an accident report i.e have to inspect the locus/ defect, examine records etc. The insurer needs time to obtain the records from the policyholder. b) More complexity for such claims often more information is required from the Claimant, before an admission can be made. c) Most insurers will not admit causation without seeing the GP / hospital records, hence the claim will exit. d) Some insurers may admit for commercial reasons, but unlikely on a mass scale. Subject to paragraph 1.4 the standard forms used in the process set out in this Protocol are available from Her Majesty s Courts and Tribunals Service ( HMCTS ) website at (1) Claim Notification Form ( Form EL1, Form ELD1 and Form PL1 which are referred to in this Protocol as the CNF ); (2) Defendant Only Claim Notification Form ( Form EL2, Form ELD2 and Form PL2 ); (3) Medical Report Form ( Form EPL3 ); (4) Interim Settlement Pack Form ( Form EPL4 ); (5) Stage 2 Settlement Pack Form ( Form EPL5 ); (6) Court Proceedings Pack (Part A) Form ( Form EPL6 ); and
5 5 (7) Court Proceedings Pack (Part B) Form ( Form EPL7 ). 1.4 The information required in Form EPL3 may be provided in a different format to that set out in that Form. 2.1 This Protocol describes the behaviour the court expects of the parties prior to the start of proceedings where a claimant claims damages valued at no more than 25,000 in an employer s liability claim or in a public liability claim. The Civil Procedure Rules 1998 enable the court to impose costs sanctions where this Protocol is not followed. You may now find that the Court expects the spirit as well as the letter of the Protocol is followed. Those who exit the portal based upon technicalities may face cost penalties. 4.1 This Protocol applies where (1) either (a) the claim arises from an accident occurring on or after [date to be inserted] ; or (b) in a disease claim, no letter of claim has been sent to the defendant before [date to be inserted] (2) the claim includes damages in respect of personal injury; (3) the claimant values the claim at not more than 25,000 on a full liability basis including pecuniary losses but excluding interest ( the upper limit ); and (4) if proceedings were started the small claims track would not be the normal track for that claim.
6 6 Therefore:- i) The protocol will not be retrospective, and will only apply to claims after x date. ii) If you have disease claims ensure the letter of claim are sent by x date, to ensure they are not captured by the new rules. The Exemptions 4.3 This Protocol does not apply to a claim (1) where the claimant or defendant acts as personal representative of a deceased person; (2) where the claimant or defendant is a protected party as defined in rule 21.1(2); (3) in the case of a public liability claim, where the defendant is an individual ( individual does not include a defendant who is sued in their business capacity or in their capacity as an office holder); (4) where the claimant is bankrupt; (5) where the defendant is insolvent and there is no identifiable insurer; (6) in the case of a disease claim, where there is more than one defendant; (7) for personal injury arising from an accident or alleged breach of duty occurring outside England and Wales; (8) for damages in relation to harm, abuse or neglect of or by children or vulnerable adults 1 ; (9) which includes a claim for clinical negligence; (10) for mesothelioma; 1 The Department of Health defines vulnerable adult as someone aged 18 or over...who is, or may be, unable to take care of himself/herself, or unable to protect himself/herself against significant harm or exploitation (Department of Health 2000).
7 7 (11) for damages arising out of a road traffic accident (as defined in paragraph 1.1(16) of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents). Therefore, a) Some occupiers claims likely to exit, if against an individual, other than a defendant sued in their business capacity. b) Most disease claims, where there is more than one defendant. This will include most noise induced hearing loss claims, often more than one defendant i.e claimant worked in number of factories. Completion of the Claim Notification Form 6.1 (1) The claimant must complete and send (a) the CNF to the defendant s insurer, if known; and (b) the Defendant Only Claim Notification Form ( Defendant Only CNF ) to the defendant, but the requirement to send the form to the defendant may be ignored in a disease claim where the CNF has been sent to the insurer and the defendant has been dissolved, is insolvent or has ceased to trade. (2) If (a) the insurer s identity is not known; or (b) the defendant is known not to hold insurance cover, the CNF must be sent to the defendant and no Defendant Only CNF is required. (3) Where the insurer s identity is not known, the claimant must make a reasonable attempt to identify the insurer and, in an employers liability claim, the claimant must have carried out a database search through the Employers Liability Tracing Office.
8 8 (4) In a disease claim, the CNF should be sent to the insurer identified as the insurer last on risk for the employer for the material period of employment. Failure to complete the Claim Notification Form 6.7 Where the defendant considers that inadequate mandatory information has been provided in the CNF that shall be a valid reason for the defendant to decide that the claim should no longer continue under this Protocol. 6.8 Rule 45.24(2) sets out the sanctions available to the court where it considers that the claimant provided inadequate information in the CNF. Therefore, it will be essential to:- a) Include all allegation of negligence and detailed accident circumstances on then CNF. More essential than in an RTA. b) Costs consequences if there is a failure to comply The claim will no longer continue under this Protocol where the defendant, within the relevant period in paragraph 6.11 (1) makes an admission of liability but alleges contributory negligence; (2) does not complete and send the CNF response; (3) does not admit liability; or (4) notifies the claimant that the defendant considers that (a) there is inadequate mandatory information in the CNF; or (b) if proceedings were issued, the small claims track would be the normal track for that claim
9 The defendant must complete the Response section of the CNF ( the CNF response ) and send it to the claimant (a) in the case of an employers liability claim, within 30 days of the step taken pursuant to paragraph 6.1; and (b) in the case of a public liability claim, within 40 days of the step taken pursuant to paragraph 6.1 Exit Points Stage 1 fixed costs 6.16 Except where the claimant is a child, where liability is admitted the defendant must pay the Stage 1 fixed costs in rule 45.XX within 10 days after receiving the Stage 2 Settlement Pack Where the defendant fails to pay the Stage 1 fixed costs within the period specified in paragraph 6.15 the claimant may give written notice that the claim will no longer continue under this Protocol. Unless the claimant s notice is sent to the defendant within 10 days after the expiry of the period in paragraph 6.15 the claim will continue under this Protocol.
10 10 Non-settlement payment by the defendant at the end of Stage Except where the claimant is a child the defendant must pay to the claimant (1) the final offer of damages made by the defendant in the Court Proceedings Pack (Part A and Part B) Form less any (a) (b) deductible amount which is payable to the CRU; and previous interim payment(s); (2) any unpaid Stage 1 fixed costs in rule 45.XX; (3) the Stage 2 fixed costs in rule 45.XX; and (4) the disbursements in rule 45.XX that have been agreed Where the defendant does not comply with paragraphs 7.54 or 7.56 the claimant may give written notice that the claim will no longer continue under this Protocol and start proceedings under Part 7 of the CPR Specialist legal advice 7.8 In most cases under this Protocol, it is expected that the claimant s legal representative will be able to value the claim. In some cases with a value of more than 10,000, an additional advice from a specialist solicitor or from counsel may be justified where it is reasonably required to value the claim. Details of loss of earnings 7.9 In an employers liability claim, the defendant must, within 20 days of the date of admission of liability, provide earnings details to verify the claimant s loss of earnings, if any.
11 11 General provisions 7.59 Where the claimant gives notice to the defendant that the claim is unsuitable for this Protocol (for example, because there are complex issues of fact or law or where claimants contemplate applying for a Group Litigation Order) then the claim will no longer continue under this Protocol. However, where the court considers that the claimant acted unreasonably in giving such notice it will award no more than the fixed costs in rule 45.XX.
12 12 Jackson: One Month On How are things progressing? CPR 3.9 From the 1st April 2013, the CPR will be significantly altered for every civil litigant. Most pertinently, the Overriding Objective will now include specific reference to undertaking litigation at proportionate cost, and ensuring compliance with (interlocutory) orders of the court. Gone will be the checklist, oft-treated as a checklist by judges, to be replaced by a much broader discretion as to whether to grant relief, with the judge specifically referred to the need for litigation to be conducted efficiently and at proportionate cost, and to enforce compliance with rules, practice directions and orders. Mannion v Ginty  EWCA Civ 1667 at  as referring to a culture of toleration of delay and non-compliance with court orders in the civil justice system. It is suggested that the changes to CPR 3.9 will end this culture. The Master of the Rolls has stated that parties can no longer expect indulgence if they fail to comply with procedural obligations, and that efficiency, proportionality and consideration of other litigants and court resources are to constitute new cornerstones to this different justice. Relief from sanctions 3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need (a) for litigation to be conducted efficiently and at proportionate cost; and (b) to enforce compliance with rules, practice directions and orders. (2) An application for relief must be supported by evidence.
13 13 Proportionality The overriding objective 1.1 (1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost. (2) Dealing with a case justly and at proportionate cost includes, so far as is practicable (a) ensuring that the parties are on an equal footing; (b) saving expense; (c) dealing with the case in ways which are proportionate (i) to the amount of money involved; (ii) to the importance of the case; (iii) to the complexity of the issues; and (iv) to the financial position of each party; (d) ensuring that it is dealt with expeditiously and fairly; (e) allotting to it an appropriate share of the court s resources, while taking into account the need to allot resources to other cases; and Therefore, the Court will now;- a) Provide more consideration to the financial value of the case i.e does a 1,000 claim justify more than one expert report? b) Will effect allocation of the case in terms of costs budgets, are they proportionate. Keep them reasonable. c) The Courts are flexing their muscles starting to incorporate this into case management decisions.
14 14 COSTS MANAGEMENT Application of this Section and the purpose of costs management 3.12 (1) This Section and Practice Direction 3E apply to all multi-track cases commenced on or after 1st April 2013, except (a) cases in the Admiralty and Commercial Courts; (b) such cases in the Chancery Division as the Chancellor of the High Court may direct; and (c) such cases in the Technology and Construction Court and the Mercantile Court as the President of the Queen s Bench Division may direct, unless the proceedings are the subject of fixed costs or scale costs or the court otherwise orders. This Section and Practice Direction 3E will apply to any other proceedings (including applications) where the court so orders. (2) The purpose of costs management is that the court should manage both the steps to be taken and the costs to be incurred by the parties to any proceedings so as to further the overriding objective. Filing and exchanging budgets 3.13 Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets as required by the rules or as the court otherwise directs. Each party must do so by the date specified in the notice served under rule 26.3(1) or, if no such date is specified, seven days before the first case management conference. Failure to file a budget 3.14 Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as having filed a budget comprising only the applicable court fees. Costs management orders 3.15 (1) In addition to exercising its other powers, the court may manage the costs to be incurred by any party in any proceedings.
15 15 (2) The court may at any time make a costs management order. By such order the court will (a) record the extent to which the budgets are agreed between the parties; (b) in respect of budgets or parts of budgets which are not agreed, record the court s approval after making appropriate revisions. (3) If a costs management order has been made, the court will thereafter control the parties budgets in respect of recoverable costs. Costs management conferences 3.16 (1) Any hearing which is convened solely for the purpose of costs management (for example, to approve a revised budget) is referred to as a costs management conference. (2) Where practicable, costs management conferences should be conducted by telephone or in writing. Court to have regard to budgets and to take account of costs 3.17 (1) When making any case management decision, the court will have regard to any available budgets of the parties and will take into account the costs involved in each procedural step. (2) Paragraph (1) applies whether or not the court has made a costs management order. Key Things to Note; a) I would recommend you utilise a costs draftsmen for budgets unless you have in house capability. b) If you go over in one area of the budget once agreed, you cannot overspend in another. c) There will be an emphasis on parties trying to agree budgets before the costs management conference d) The Court is likely to encourage proportionality. Therefore budgets should be realistic but sensible. The Court will want to keep a tight control of the budget.
16 16 Do you need Assistance? We hope you have found the talk interesting. If you need assistance with any aspect of these cases, please telephone and the Clerks will be happy to assist or go to to book online.
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
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
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
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
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
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
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
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
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
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
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
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
Consultation on independence in medical reporting and expert accreditation This consultation begins on Thursday 4 September 2014 This consultation ends on Wednesday 1 October 2014 Consultation on independence
Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.
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
75 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Direction and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the Rolls
Dispute Resolution At A Glance Guide 2 The English Civil Procedure Rules The Woolf Reforms The English Civil Procedure Rules Contents Section: Page No. 1. Introduction 2 2. Summary 3 3. Civil Procedure
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
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
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.
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
Pre-Action Protocol for Disease and Illness Claims PROTOCOLS Contents 1 Introduction 2 Notes of guidance 2A ALTERNATIVE DISPUTE RESOLUTION 3 The aims of the protocol 4 The protocol 5 Communication 6 Letter
- The Defendant Costs Specialists Costs Law Update Lamont v Burton The Court of Appeal s decision last week in Lamont v Burton  EWCA Civ 429 is likely to have serious costs implications for defendants
Pre-Action Protocol for Disease and Illness Claims 1 INTRODUCTION 1.1 Lord Woolf in his final Access to Justice Report of July 1996 recommended the development of protocols: To build on and increase the
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
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
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND PROTOCOL FOR CLINICAL NEGLIGENCE LITIGATION 1. Practitioners are reminded of the need to bear in mind the overriding objective set out at Order 1 rule 1(a)
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: firstname.lastname@example.org July
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
New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other
PROTOCOLS Pre-Action Protocol for Personal Injury Claims Contents 1 Introduction 2 Notes of guidance 3 The protocol 4 Rehabilitation 5 Resolution of issues A Letter of claim B Pre-action personal injury
CASE TRACK LIMITS AND THE CLAIMS PROCESS FOR PERSONAL INJURY CLAIMS A consultation paper produced by the Department for Constitutional Affairs RESPONSE BY THE LAW SOCIETY OF ENGLAND AND WALES July 2007
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
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
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
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
MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical
This is a formal claim against you, which must be acknowledged by email immediately and passed to your insurer. Claim notification form (PL1) Low value personal injury claims in public liability accidents
Reporting Bodily Injury Claims Introduction Despite all your best efforts incidents resulting in injury and disease may occur to people due to your business activities. Prompt investigation and reporting
Summary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015 Abstract: In this annual summary of the state of the Personal Injury and Clinical Negligence Claims Market
Pre-Action Protocol Amendments The new Pre-Action Protocols and Amendments to the existing Pre-Action Protocol are approved by the Master of the Rolls as Head of Civil Justice. The new Practice Directions
DEFENDING AND SETTLING A CIVIL/PERSONAL INJURY CLAIM 14 May 2015 Toby Scott, Partner How a claim is started and progressed Traditional Approach see Law Society Website http://www.lawsociety.org.uk/for-the-public/common-legal-issues/personal-injury-claim/
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
Introduction President s Guidance on Continuity and Deployment (Public Law) 1. This Guidance is issued by the President of the Family Division under PD 12A (PLO 2014). 2. This Guidance applies to all care
AN ARM AND A LEG: COSTS IN LOW VALUE PI Lucy McCormick 13 King s Bench Walk March 2012 1. This talk will give an overview of costs in low value PI, including: 1.1. The Small Claims track; 1.2. The Fast
Introduction This response is prepared on behalf of the Motor Accident Solicitors Society (MASS). MASS is a society of solicitors acting for the victims of motor accidents, including those involving Personal
The 2013 Ministry of Justice Reforms: A Practical Guide for Clients Garwyn Group 1 What are the reforms? The Ministry of Justice Reforms are an interlocking package of measures designed to accelerate the
CHAPTER 43 ACTIONS OF DAMAGES FOR, OR ARISING FROM, PERSONAL INJURIES Application and interpretation of this Chapter 43.1.-(1) Subject to paragraph (4) and rule 43.1A (actions based on clinical negligence).
: 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
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
DEFENDANT LITIGATION SERVICE Welcome to our Defendant Insurance Claims Handling Service What is Defendant Insurance Claims Handling? It s the handling of Liability claims made to insurers from first notification
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
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
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
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
DISCLAIMER These draft T&Cs and the accompanying notes are intended to be a guide only to assist the expert witness in considering the most relevant matters in terms of their contract to provide services
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:
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
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.
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
EXPLANATORY MEMORANDUM TO THE CIVIL PROCEDURE (AMENDMENT No.8) RULES 2014 2014 No. 3299 (L. 36) 1. This explanatory memorandum has been prepared by the Ministry of Justice and is laid before Parliament
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,
RTA Web User Release 3 Notes Project Name: Release 3 Version No. 1.0 Issue Release Date 22/05/2013 Uncontrolled copy if printed/ photocopied (unless specified otherwise) Version History Release Date Version
Competition & Markets Authority: Private Motor Insurance Market Investigation Provisional Decision on Remedies Response from the Motor Accident Solicitors Society July 2014 Introduction This response is
DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS BY: MR NADIM BASHIR NEW PARK COURT CHAMBERS LEEDS LSI 2SJ TEL: 0113 243 3277 1 1. Introduction If there was any doubt
PRACTICE DIRECTION - SOLICITORS NEGLIGENCE IN RIGHT TO BUY CASES (TRANSFER OF EXISTING AND NEW CLAIMS TO THE CHANCERY DIVISION AND APPOINTMENT OF DESIGNATED JUDGE) Contents of this Practice Direction Preamble
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
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
The extended RTA Protocol Claims submitted from 31 July 2013 Guide for claims handlers Introduction This guide provides an at a glance review of the updated Protocol. The original Pre-Action Protocol for
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: email@example.com construction
PROTOCOLS Pre-Action Protocol for Personal Injury Claims Contents 1 Introduction 2 Notes of guidance 3 The protocol 4 Rehabilitation 5 Resolution of issues A Letter of claim B Pre-action personal injury
1 How to Litigate and Win an RTA Case with an Allegation of Fraud By Andrew Mckie (Barrister at Law) Clerksroom July 2012 1. Introduction a) Insurance fraud is on the increase. Undetected general insurance
www.cityandguilds.com August 2008 Version 1.1 Level 2 Award/Certificate/Diploma in Legal Studies Personal injury procedures Y/501/5543 Assignment version: Sample This guide contains assessor and candidate