MoJ claims process

High Court gives whiplash contempt proceedings green light

whiplash exam by doctor

A High Court judge has allowed a bus company’s application for committal proceedings to go ahead against two former claimants who said they had serious whiplash injuries from a minor traffic collision, when CCTV showed otherwise.

August 13th, 2018

“Courts need to do more in battle against fraudulent claims” says insurer

Martin Milliner LV=

A leading insurance company that had to appeal to the High Court to secure a finding of fundamental dishonesty in a personal injury claim said the case showed the industry needed “more support” from judges if they are to challenge fraudulent claims.

July 9th, 2018

Premiums up, claims down: 2017 was “best year this century” for motor insurers

EY London office

Premium increases, a fall in injury claims and the release of reserves for large claims due to an “improved outlook” on the discount rate made 2017 the best year for motor insurers since 1994, new figures have shown. They also predicted that motorists would save £35 from the Civil Liability Bill reforms.

June 29th, 2018

Mobile Doctors rises from the ashes of Quindell to target 10% market share

Neil Ross Mobile Doctors

The medical reporting agency that has come out of the other side of being swallowed up by Quindell has announced its intention to capture 100,000 instructions a year by 2021, which would give it more than 10% of the market.

June 26th, 2018

Whiplash fraud on the rise, claims Aviva

Tom Gardiner Aviva

Aviva rejects around one out of eight whiplash claims because they are suspect or fraudulent, the insurer said today. It is currently investigating nearly 17,000 personal injury claims for suspected fraud – 1,000 more than last year.

May 29th, 2018

Solicitors should go after other third-party capture insurers after Haven ruling, says Law Society

Law Society

The Law Society has encouraged solicitors to consider taking action against insurers who settled personal injury cases directly with their clients without paying their fees. It comes following yesterday’s Supreme Court ruling, which upheld the Court of Appeal ruling that Haven Insurance should pay Gavin Edmondson Solicitors what it was due.

April 19th, 2018

Solicitor outlines serious MedCo shortcomings after own whiplash injury

Shelyna Mariscal

A personal injury solicitor who herself suffered a whiplash injury has urged fellow practitioners to step up challenges to inaccurate medical reports and report them to MedCo on every occasion, after finding her own report riddled with errors. She said the faults in the process made it inevitable that claimants would face allegations of dishonesty.

April 9th, 2018

Exclusive: MedCo finally reveals MRO numbers as it fights off bid to halt downgrade of tier 1 agency

UK map with compass

MedCo has for the first time revealed the number of medical reporting organisations (MROs) on its system following the recent annual audit programme. It came as one of the legal challenges that has beset MedCo of late was published, in which On Medical failed in its bid to halt being downgraded from a tier 1 MROs to a tier 2.

February 8th, 2018

Poor-quality reports mean it’s “premature” to expand MedCo

Matt Currie Irwin Mitchell

There are too many poor-quality medical reports being produced via MedCo, and so it is premature to extend it to other types of personal injury claim, a leading claimant solicitor has cautioned. He also called on practitioners to tell MedCo about sub-standard reports.

February 1st, 2018

Fury over MedCo fee increases amid culling of tier 1 MROs

Ben Elsom

A body representing ‘tier 2’ medical reporting organisations (MROs) has accused MedCo of “cashing in” on its members after it announced significant hikes in fees. It follows what Litigation Futures understands has been a culling of the 14 tier 1 MROs – the high-volume, national providers – during the recent auditing programme.

January 12th, 2018

Blog

QOCS and multiple defendants – why both sides need to be wary

Chris McClure

The recent case of Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 represents a very interesting development in the interpretation of rule 44.14. The question before the Court of Appeal was this: where, in a matter to which QOCS applies, a claimant has brought an action against multiple defendants, is a successful defendant entitled to enforce a costs award in its favour against damages recovered by the claimant from an unsuccessful defendant?

August 16th, 2018

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