Goddard inquiry truth project to hear first testimony on child sexual abuse – The Guardian

Posted July 25th, 2016 in budgets, child abuse, clergy, delay, evidence, inquiries, insurance, news, victims by sally

‘The first of hundreds of people are to begin giving testimony to a public inquiry into child sexual abuse, in an unprecedented national “truth-telling” project designed to catalogue decades of suffering.’

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The Guardian, 25th July 2016

Source: www.guardian.co.uk

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Excluding a party from Court in fraudulent claims – Zenith PI Blog

Posted July 22nd, 2016 in fraud, insurance, news, road traffic, witnesses by sally

‘There is a common trend in County Courts up and down the country for witnesses to be excluded from the courtroom during the evidence of another witness and/or a party when there are allegations of fraud or collusion, commonly in relation to a road traffic accident. The pragmatic rationale for such an approach is quite clear- if witness X hears what the Claimant says in cross examination, X may tailor his or her evidence to be consistent with that of the Claimant in a bid to bolster the case.’

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Zenith PI Blog, 22nd July 2016

Source: www.zenithpi.wordpress.com

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‘Collateral’ lies need not spoil insurance claims, rules Supreme Court – BBC News

Posted July 22nd, 2016 in fraud, insurance, news, shipping law, Supreme Court by sally

‘Lying on an insurance claim should not necessarily invalidate it, the Supreme Court has said, in a judgement likely to affect all household policies.’

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BBC News, 20th July 2016

Source: www.bbc.co.uk

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Blaming insurers for driverless accidents ‘makes no sense’ – Law Society’s Gazette

Posted July 18th, 2016 in accidents, insurance, negligence, news, road traffic by sally

‘Government proposals for driverless cars could create a worrying principle in the law of negligence, a high-profile motoring solicitor has warned.’

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Law Society’s Gazette, 16th July 2016

Source: www.lawgazette.co.uk

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Whose fair trial prevails? – UK Human Rights Blog

Posted July 18th, 2016 in appeals, conspiracy, fraud, human rights, insurance, news, road traffic by sally

‘Two people say they owned motorbikes which they kept outside their house – until, it is said, the bikes were mown down by the defendant’s car, a collision which their witness claimed to have seen. The car’s insurers said that the claim was fraudulent and it was all a conspiracy. The judge agreed it was a fraud, whereas the Court of Appeal disagreed – but still disallowed the claim because, the CA said, the owners had not proved their case.’

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UK Human Rights Blog, 17th July 2016

Source: www.ukhumanrightsblog.com

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Re-launched Adjudication Scheme for Professional Negligence Claims: a good idea whose time has come? – Hardwicke Chambers

‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’

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Hardwicke Chambers, 29th June 2016

Source: www.hardwicke.co.uk

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Liability of the MIB for Insolvent Insurers – Park Square Barristers

Posted July 12th, 2016 in appeals, insolvency, insurance, Motor Insurers’ Bureau, news by sally

‘Caroline Wood considers the recent Court of Appeal decision concerning the liability of the MIB where an insurer has become insolvent.’

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Park Square Barristers, 3rd June 2016

Source: www.parksquarebarristers.co.uk

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Court of Appeal: lender entitled to recover full refinancing loan in negligent property valuation case – OUT-LAW.com

Posted July 8th, 2016 in appeals, banking, insurance, loans, negligence, news, surveyors, valuation by sally

‘A lender was entitled to recover the full amount of a refinancing loan it granted after relying on a negligent property valuation, and not just the ‘top-up’ funding, the Court of Appeal has ruled.’

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OUT-LAW.com, 6th July 2016

Source: www.out-law.com

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Court overturns Senior Cost Judge’s decision to slash ATE premium by 60% – Litigation Futures

Posted July 7th, 2016 in appeals, costs, insurance, local government, news, personal injuries by sally

‘The Senior Costs Judge fell into the trap of considering an individual after-the-event (ATE) insurance premium rather than the basket of risk when he slashed a premium by 60% because he considered it unreasonably high, a senior circuit judge has ruled.’

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Litigation Futures, 6th July 2016

Source: www.litigationfutures.com

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Bar Mutual ordered to reimburse barrister after withdrawing funding over panel firm dispute – Legal Futures

‘The Bar’s professional indemnity insurer has been ordered to reimburse a barrister after it withdrew funding for him to defend disciplinary proceedings because he wanted to appoint a non-panel solicitor.’

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Legal Futures, 24th June 2016

Source: www.legalfutures.co.uk

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PI lawyers call for independent probe on insurance fraud total – Law Society’s Gazette

Posted June 6th, 2016 in fraud, insurance, news, personal injuries by sally

‘Personal injury lawyers are urging the government to commission independent research about insurance fraud, disputing figures cited by the Ministry of Justice in its call for solicitors to act urgently to tackle the problem.’

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Law Society’s Gazette, 3rd June 2016

Source: www.lawgazette.co.uk

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Staking a claim – New Law Journal

‘Kerry Underwood concludes his 60th birthday tour with a master class on small claims, portals & Pt 36.’

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New Law Journal, 3rd June 2016

Source: www.newlawjournal.co.uk

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End of LASPO exemption for insolvency “will lead to unscrupulous behaviour” – Litigation Futures

Posted June 3rd, 2016 in company directors, fees, insolvency, insurance, news by sally

‘Most insolvency practitioners and lawyers believe the end of the exemption for insolvency litigation from the abolition of recoverable success fees and insurance premiums in conditional fee cases will lead to “unscrupulous or illegal behaviour” by company directors, a survey has found.’

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Litigation Futures, 3rd June 2016

Source: www.litigationfutures.co.uk

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Winners and Losers in the Permanent Health Insurance Game – Henderson Chambers

Posted June 2nd, 2016 in employment, health, insurance, news, redundancy by sally

‘Permanent health insurance (PHI), also and probably more accurately known or described as Income Protection Insurance (IPI), can solve the problem of income protection when an employee is ill for a period beyond that where income is directly maintained by the employer. The employee has time to recover and the employer is relieved of the expense of paying the non-productive employee. But it is not always a Win-Win situation, particularly where there comes a parting of the ways between employer and employee.’

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Henderson Chambers, 31st March 2016

Source: www.hendersonchambers.co.uk

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A series of unfortunate events – Hardwicke Chambers

Posted June 2nd, 2016 in holidays, insurance, interpretation, law firms, negligence, news, solicitors by sally

‘Judges occasionally lighten their judgments with literary references. The quotation from Alice in Wonderland “Words mean what I want them to mean” is a favourite in cases involving the interpretation of contracts, and Shakespeare appears fairly regularly.’

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Hardwicke Chambers, 23rd May 2016

Source: www.hardwicke.co.uk

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Whiplash: George Osborne’s Modest Proposal – Cloisters

Posted June 2nd, 2016 in compensation, consultations, damages, fraud, insurance, news, personal injuries by sally

‘In his 2015 autumn statement the Chancellor of the Exchequer, the Rt. Hon George Osborne MP, announced that to make it “harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is ending the right to cash compensation”.[1] The proposal will remove the right of individuals to claim ‘general damages’ for minor whiplash injuries, compensation for injury, pain and suffering. However, the victims of such injury will still have the right to claim compensation for financial losses such as the costs of medical treatment or loss of earnings.’

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Cloisters, 24th May 2016

Source: www.cloisters.com

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Rule committee rejects standalone introduction of fixed fees for costs-only proceedings – Litigation Futures

Posted June 2nd, 2016 in civil procedure rules, costs, fees, insurance, legal profession, news by sally

‘The Civil Procedure Rule Committee (CPRC) has deflected a call by the Forum of Insurance Lawyers (FOIL) to introduce fixed costs in costs-only proceedings, saying that the issue should form part of the wider reform agenda.’

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Litigation Futures, 2nd June 2016

Source: www.litigationfutures.co.uk

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Government eyes stronger powers to discipline solicitors as part of insurance fraud crackdown – Legal Futures

Posted May 27th, 2016 in fraud, insurance, news, solicitors by tracey

‘The government yesterday accepted recommendations for stronger fining powers for the Solicitors Regulation Authority (SRA), a lower burden of proof before the Solicitors Disciplinary Tribunal (SDT), and the need to introduce further measures to discourage ‘late’ personal injury claims, in the next stage of its crackdown on fraudulent behaviour.’

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Legal Futures, 27th May 2016

Source: www.legalfutures.co.uk

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PPI victims ‘should have got £5bn more’ – BBC News

Posted May 13th, 2016 in compensation, consumer protection, insurance, news by tracey

‘Twelve million consumers who were mis-sold Payment Protection Insurance (PPI) should have got an extra £5bn, a group of MPs has said. That is the total amount that claims management companies charged clients to process their complaints.
MPs on the Public Accounts Committee (PAC) said they were disappointed the money did not go to the victims of the scandal.’

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BBC News, 13th May 2016

Source: www.bbc.co.uk

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APIL 2016: no retreat on personal injury reform, says justice minister – Law Society’s Gazette

Posted May 5th, 2016 in consultations, damages, insurance, news, personal injuries, small claims by tracey

‘Justice minister Lord Faulks today indicated that there will be no retreat on far-reaching and controversial plans to reform the personal injury sector.’

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Law Society’s Gazette, 4th May 2016

Source: www.lawgazette.co.uk

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