MoJ claims process

Claimant lawyers turn guns on insurers over repair costs “rip off”

Andrew Twambley new

Claimant lawyers have leapt on a newspaper report that accused insurers of “routinely inflating repair costs” by as much as 100%, while receiving “undisclosed kickbacks” for the difference. Lobbying group Access to Justice said the Association of British Insurers had shown “breathtaking hypocrisy” in failing to condemn the practice while continuing to argue for whiplash reform.

August 2nd, 2017

Hundreds of users suspended by MedCo for failing to sign financial links agreement

handshake

Some 560 authorised users of MedCo – law firms, claims management companies and compensators – were suspended from the system earlier in the spring for failing to accept the new user agreement that requires them to declare financial links with any medical reporting organisation. Meanwhile, four tier 1 MROs have been reclassified as tier 2.

June 15th, 2017

MedCo kicks out more shell companies

stethoscope

MedCo has identified and suspended a further 21 ‘shell’ companies from the MedCo system, taking the total purged since the revised qualifying criteria were put in place last October to 155. The definition of a medical reporting organisation was changed last year to stop the use of shells to gather instructions and forward them on.

June 6th, 2017

MedCo suspends 37 users for failing to upload medical case data

stethoscope on keyboard - medical report

MedCo has continued its enforcement activity by suspending 23 medical reporting organisations and 14 direct medical experts for failing to upload medical case data to its system. Both are required to upload medical case data as part of their user agreements.

June 1st, 2017

Court of Appeal backs claimant solicitors in “£400 club” case

Lord Justice Briggs

Solicitors who received the £400 stage 1 fixed-costs payment due under the original version of the RTA protocol do not have to repay the money even though no action was then taken on their cases, the Court of Appeal has ruled.

May 16th, 2017

MedCo issued hundreds of warnings to users over poor behaviour in past year

stethoscope on keyboard - medical report

MedCo issued 337 warning letters to users – and went on to suspend two-thirds of them – over the past year for behaviours such as circumventing the random search selection process and influencing medical experts’ opinions on diagnosis/prognosis, it has emerged.

May 3rd, 2017

APIL pushes for “predictable claim process” for fixed cost clinical negligence cases

NHS Building

The Association of Personal Injury has called for a “predictable claim process” for clinical negligence actions if the government goes ahead with its plan to impose fixed costs for cases worth up to £25,000. However, a survey has shown strong public support for fixed fees and for lawyers not receiving more in fees that patients did in compensation.

May 2nd, 2017

Defection of claimant RTA lawyers to other areas of PI not happening, report finds

Bavita Rai Weightmans

The widespread expectation that claimant firms would diversify away from road traffic accident work into other, potentially more lucrative areas of personal injury has not proved to be the case, according to new research. It also said the plan to introduce a tariff for low-value RTA damages would remove the “inflationary involvement of the judiciary”.

March 28th, 2017

Accident victims “forced into rehab by greedy lawyers”

injury2

There are suggestions that some accident victims are being “forced into rehab” by lawyers and claims management companies determined to “boost their own incomes”, an independent report has found.

February 22nd, 2017

Law Society intervenes in high-stakes appeal over the ‘£400 club’

Law Society - Front2

The Court of Appeal has invited the Law Society to intervene in a highly significant hearing this month in which insurers are trying to recover millions of pounds in RTA claims portal fees from claimant solicitors in the so-called ‘£400 club’.

February 9th, 2017

Blog

Third-party funders – access to justice warriors?

Christopher Deadman 2

Comments on UNISON’s landmark victory against the government in respect of employment tribunal fees got me thinking about the whole ‘access to justice’ argument and the role that third-party funders play. I have sat in lots of meetings over the years where funders, some even with a straight face, claim that access to justice is a cornerstone of their business. That is a statement of almost North Korean bogusness. Funders who trot out the access to justice argument are guilty of conflating the by-product of their business with the

August 17th, 2017

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