MoJ claims process

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

Post-portal PAD applications subject to fixed fees, Court of Appeal rules

Lord Justice Briggs

Applications for pre-action disclosure in cases that leave the personal injury portals are still subject to fixed costs, the Court of Appeal has ruled. However, it suggested that the rule committee might have to increase the level of fixed costs so as to incentivise defendant to comply with their disclosure obligations.

February 1st, 2017

All change: significant new appointments at MedCo, CEDR, NHSLA and Vannin Capital

Martin Heskins

A structural change at MedCo kicks off our round-up of a series of significant appointments in the world of litigation. Martin Heskins has been named as MedCo’s executive chair with responsibility for leadership and strategic direction.

January 17th, 2017

Court orders exemplary damages in fundamental dishonesty case

Toby Evans Keoghs

A district judge in Manchester has made an award of exemplary damages after finding road traffic accident claimants guilty of bringing fundamentally dishonest claims. The claimants in the two vehicles claimed not to know each other but an investigation showed that they did.

January 10th, 2017

PI claims that exit protocols for multi-track “not subject to fixed costs”, says CA

Mr Justice Briggs

Cases that exit the RTA and EL/PL protocols and then proceed on the multi-track are not subject to fixed recoverable costs, the Court of Appeal has ruled today. The court said the uncertainty had arisen from an oversight in the drafting of part 45.29B by the Civil Procedure Rule Committee.

November 16th, 2016

Blog

Fixed recoverable costs: unfair and wrong in principle?

Alex Bagnall

Are fixed recoverable costs inevitable? On 11 November 2016 it was announced that Jackson LJ was to consult on the extension of fixed recoverable costs. That announcement was clear: those involved were to “look at options to extend fixed recoverable costs much more widely”; and to “develop proposals for extending the present fixed recoverable costs regime”. It was said that “the momentum is heavily for reform” and that the purpose of the review was to provide “opportunity for comments and submissions on the form and scope that reform should take”.

April 18th, 2017

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