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Insurers urged not to shy away from contributory negligence arguments under new protocols

Insurers should still run contributory negligence arguments rather than seek to settle under the new extended protocols for employers’ and public liability claims – which come into force tomorrow – a leading defendant insurance law firm has advised.

July 30th, 2013 | Comments Off on Insurers urged not to shy away from contributory negligence arguments under new protocols

The long wait is over – new fixed costs regime published with provision for defendants

The government finally published the rules for the extended portal on Friday – with just 12 full working days until it comes into force on 31 July. It is understood that the introduction of fixed costs for defendants in cases that fall out of the portal was one of the primary causes of the delay.

July 15th, 2013 | Comments Off on The long wait is over – new fixed costs regime published with provision for defendants

23 days to go and still no rules – Law Society calls for portal extension delay

The Law Society has demanded a delay in implementation of the extended portal after the “unacceptable” failure to publish new procedure rules with little over three weeks until it is meant to go live.

July 8th, 2013 | Comments Off on 23 days to go and still no rules – Law Society calls for portal extension delay

Massive rise in PL cases as number of clinical negligence claims also goes up sharply

There has been a huge spike in the number of public liability claims, and the number of clinical negligence actions has also risen sharply, new government figures have shown. However, the number of motor claims has fallen by nearly 10%.

May 24th, 2013 | Comments Off on Massive rise in PL cases as number of clinical negligence claims also goes up sharply

High Court to fast-track portal fee judicial review

The High Court is to fast-track the judicial review challenging the government’s proposed cut in RTA portal fees, it has emerged. The action, brought by the Association of Personal Injury Lawyers and Motor Accident Solicitors Society, will be listed for a ‘rolled-up’ hearing as soon as possible.

February 12th, 2013 | Comments Off on High Court to fast-track portal fee judicial review

Bar seeks “low fixed-fee” role in portal and fast-track cases

The Ministry of Justice is storing up even more trouble in portal and fast-track cases by cutting out barristers, the Bar Council and Personal Injuries Bar Association have said. The pair argued that instead of abolishing the disbursement basis for paying the Bar, it should introduce a low fixed-fee system.

January 21st, 2013 | 4 Comments »

Evidence points to a £100 increase in portal fees, not a £700 cut, says Law Society

There is “substantial evidence” that the RTA portal fee should go up by £100, rather than down by £700, the Law Society has told the government. It calculated that solicitors should be paid £130 an hour for such cases, which would mean less than four hours’ work at the proposed fee level.

January 8th, 2013 | 1 Comment »

APIL: non-referral fee firms pay £500 to acquire cases; 15% of firms will quit low-value work

Solicitors who do not pay referral fees spend around £500 to acquire RTA, EL and PL cases, figures from APIL have indicated. It also revealed that around one in six firms will stop handling claims worth less than £25,000 if the government’s proposals remain unchanged.

January 7th, 2013 | Comments Off on APIL: non-referral fee firms pay £500 to acquire cases; 15% of firms will quit low-value work

AJAG kicks off portal fee responses with plea to wait until small claims decision is made

Any changes to fixed-costs rates should only occur when the decision on the small claims limit has been made and experience gained of what the personal injury landscape looks like afterwards, the Access to Justice Action Group (AJAG) has told the government.

January 3rd, 2013 | 1 Comment »

Dramatic climbdown from Grayling as portal extension is delayed

In a dramatic climbdown, the Lord Chancellor Chris Grayling has agreed that extension of the RTA portal to higher-value motor and employer’s and public claims will now not happen in April 2013. The decision, which emerged late on Friday, follows the judicial review process begun by APIL and MASS.

December 24th, 2012 | 2 Comments »