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BTE insurer warns of “serious and detrimental effect” of personal injury reforms
A before-the-event legal expenses insurer has warned of the “unintended and very serious detrimental effect” of the government’s personal injury reforms on the market. He said the planned increase in the small claims limit for RTA cases would “cast doubt” on the ability of the BTE industry to provide legal representation.
“World first” online arbitration platform launches
An online platform, described by its creator as “the only one in the world” to allow arbitrations to be conducted entirely on the internet, has launched with a pilot personal injury scheme. The platform, eARB, is handling over 20 cases as part of a pilot scheme developed by the Personal Injury Claims Arbitration Service.
Solicitors under fire for failing to act in best interests of seriously injured clients
Personal injury lawyers are often failing to act in the best interests of seriously injured clients, according to a law firm’s online poll of rehabilitation case managers. The survey also found that in many cases their own families were ignoring their best interests.
ABI boss avoids saying how much insurers will gain from new discount rate
Huw Evans, director-general of the Association of British Insurers, has avoided putting a figure on the money insurers will save from an anticipated increase in the personal injury discount rate, despite repeated requests at the justice select committee this morning.
New guidelines push up PI damages but warn over approach to minor injuries
Duration of symptoms should not necessarily be the focus when assessing damages for minor personal injury (PI) claims, a High Court judge has said. The latest (14th) edition of Judicial College Guidelines for the Assessment of Personal Injury Awards recommends increasing damages for PI victims in line with the retail price index.
Discount rate should be not be more than 1%, insurers say
Most insurers believe the personal injury discount rate should not be increased above 1%, according to a poll by City firm BLM. Partner Antony French told a webinar hosted by the firm, which specialises in insurance work, that damages awards of over £10m had become “common”.
Rule committee warns lawyers they risk “a solution being imposed” on credit hire cases
The Civil Procedure Rule Committee has warned lawyers involved in the “highly contentious area” of credit hire litigation that if they fail to agree a new model order for directions, they risk “a solution being imposed”. Meanwhile, the High Court had similarly harsh words for insurers and credit hire companies, accusing them of “fighting a forensic war of attrition”.
MDU calls on GPs to lobby election candidates over discount rate
The Medical Defence Union has launched a campaign called ‘Save General Practice’ to push for changes to the personal injury discount rate. The MDU called on doctors to raise the issue with election candidates. It was one of several responses to the government consultation that has recently closed.
Fletchers claims “major victory” on interim payments of costs
Southport injury firm Fletchers claims to have secured the first written judgment ordering defendants to make an interim costs payment based on the new version of the rules which came into force in April 2013. The firm told Liverpool County Court that defendants would throw “any obstacle” in the way.
Jackson: fixed costs grid is “starting point for debate”
Lord Justice Jackson has sought to calm fears raised by the “grid of fixed costs” he proposed in January this year for all civil claims worth up to £250,000. He described the grid, which drew an angry reaction from litigators, as “a good starting point for debate”
