FCA unveils beefed-up regulatory regime for claims management companies – Legal Futures

Posted June 6th, 2018 in claims management, consultations, financial regulation, news by tracey

‘The Financial Conduct Authority (FCA) has set out the more stringent regime it intends to apply to claims management companies (CMCs) when it takes over their regulation on 1 April 2019.’

Full Story

Legal Futures, 6th June 2018

Source: www.legalfutures.co.uk

Aktas v Adepta and the difficulty of applying to strike out “second” claim forms – Zenith PI

Posted March 8th, 2018 in appeals, civil procedure rules, claims management, news, striking out by tracey

‘The decision of the Court of Appeal in the cases of Aktas v Adepta [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

Full Story

Zenith PI, 5th March 2018

Source: zenithpi.wordpress.com

Government presses ahead with cold-calling ban despite criticism of approach – Legal Futures

Posted February 7th, 2018 in claims management, news, personal injuries, telecommunications by tracey

‘The government yesterday rejected criticism that its proposed ban on cold-calling did not go far enough and voted it into the Financial Guidance and Claims Bill.’

Full Story

Legal Futures, 7th February 2018

Source: www.legalfutures.co.uk

Rebuke for law firm that paid £215,000 for referrals from unauthorised CMC – Legal Futures

Posted January 31st, 2018 in claims management, fees, law firms, news, personal injuries by sally

‘A north-west law firm has been rebuked after paying more than £200,000 to an unauthorised claims management company for personal injury (PI) referrals.’

Full Story

Legal Futures, 31st January 2018

Source: www.legalfutures.co.uk

Government accused of “pulling its punches” over PI cold-calling ban – Legal Futures

‘The government was accused yesterday of “pulling its punches” and “shilly shallying” over introducing a ban on cold-calling for personal injury (PI) claims.’

Full Story

Legal Futures, 23rd January 2018

Source: www.legalfutures.co.uk

Lord Keen: Greater involvement by CMCs “beneficial” for personal injury market – Legal Futures

Posted January 17th, 2018 in claims management, news, personal injuries by sally

‘Justice minister Lord Keen said today that if the government’s personal injury reforms lead to greater involvement by “good” claims management companies (CMCs), it could be “beneficial” for the market.’

Full Story

Legal Futures, 16th January 2018

Source: www.legalfutures.co.uk

Judge dismisses disclosure bids ahead of £126m credit hire trial – Law Society Gazette

Posted January 16th, 2018 in claims management, consumer credit, disclosure, documents, law firms, news, privilege by tracey

‘The High Court has refused both sides permission to inspect other parties’ documents ahead of a high profile £126m civil case over inflated credit hire charges.’

Full Story

Law Society Gazette, 16th January 2018

Source: www.lawgazette.co.uk

Government urged to ban nuisance calls and texts from claims firms – The Guardian

‘British consumers were bombarded with 2.2bn nuisance phone calls and texts from pensions, PPI and cash-for-crash claims firms last year, according to an analysis of Ofcom data.’

Full Story

The Guardian, 8th January 2018

Source: www.theguardian.com

High Court denies claimants relief from sanctions after “serious and substantial default” – Litigation Futures

Posted October 10th, 2017 in claims management, delay, news, sanctions, service by sally

‘The High Court has rejected an application for relief from sanctions from claimants found to be in “serious and substantial” default by serving their particulars of claims three months late.’

Full Story

Litigation Futures, 10th October 2017

Source: www.litigationfutures.com

Insurers have ‘duty to speak’ in claims management, rules Court of Appeal – OUT-LAW.com

Posted September 14th, 2017 in appeals, claims management, insurance, news by tracey

‘Insurers have a positive obligation to make their position plain with insureds in the course of managing claims, the Court of Appeal has ruled. This “duty to speak” arises from good faith obligations in normal commercial contracts and not because of the more onerous utmost good faith obligations in insurance contracts. Those additional obligations, however, may “enlarge the circumstances in which a duty to speak arises”.’

Full Story

OUT-LAW.com, 13th September 2017

Source: www.out-law.com

“People die of food poisoning” – misleading holiday claims advert pulled after watchdog ruling – Legal Futures

Posted September 6th, 2017 in advertising, claims management, complaints, holidays, news, personal injuries by sally

‘A claims management company (CMC) has withdrawn a YouTube advert designed to generate holiday sickness claims after the Advertising Standards Authority (ASA) ruled that it was misleading.’

Full Story

Legal Futures, 6th September 2017

Source: www.legalfutures.co.uk

CMC that encouraged false holiday sickness claims thrown out by regulator – Legal Futures

Posted August 30th, 2017 in claims management, compensation, fraud, holidays, licensing, news by sally

‘A firm responsible for pressuring people into making holiday sickness claims had its licence cancelled by the Claims Management Regulator (CMR) last week.’

Full Story

Legal Futures, 29th August 2017

Source: www.legalfutures.co.uk

Licence stripped from holiday sickness firm – Ministry of Justice

Posted August 29th, 2017 in claims management, holidays, insurance, law firms, licensing, press releases by tracey

‘A firm responsible for pressuring people into making holiday-sickness claims has had it’s licence stripped by the Claims Management Regulator.’

Full press release

Ministry of Justice, 25th August 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

New law will tighten regulation of claims companies, move regulation to FCA – OUT-LAW.com

Posted August 3rd, 2017 in claims management, financial regulation, news by tracey

‘Claims management companies (CMCs) will face stricter regulation when responsibility for regulation moves from the Ministry of Justice (MOJ) to the Financial Conduct Authority (FCA), though new rules stop short of a ban on cold calling and cold texting.’

Full Story

OUT-LAW.com, 3rd August 2017

Source: www.out-law.com

Rule 16.3(7) – Statement of under value to be included in the claim form? – 4 KBW

‘Sir David Eady J delivered a judgment on 30 March in the case of Mohamed Ali Harrath v Stand for Peace Limited and Samuel Westrop [2017] EWHC 653 (QB) (available here) in which he held that a claimant is entitled to recover damages that exceed the statement of value included in the claim form.’

Full story

4 KBW, 30th March 2017

Source: www.4kbw.net

Civil procedure: discontinuing an arbitration claim – Law Society’s Gazette

‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’

Full story

Law Society’s Gazette, 13th March 2017

Source: www.lawgazette.co.uk

Accident victims “forced into rehab by greedy lawyers” – Litigation Futures

‘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.’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Fixed Costs Apply in PAD Applications for Claims Which Leave The EL/PL Portal: Sharp v Leeds City Council [2017] EWCA Civ 33 – Zenith PI Blog

‘The Court of Appeal considered a “short but important point of interpretation of the Civil Procedure Rules” concerning the costs of pre-action disclosure (“PAD”) applications in cases which started, but no longer continue, under the EL/PL Protocol.’

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Zenith PI Blog, 2nd February 2017

Source: www.zenithpi.wordpress.com

Clin neg fixed costs plans unveiled as Hunt targets ‘unscrupulous’ firms – Law Society’s Gazette

‘Health secretary Jeremy Hunt today finally announced the details of the fixed costs regime for clinical negligence cases.’

Full story

Law Society’s Gazette, 30th January 2017

Source: www.lawgazette.co.uk

Judge refuses to allow amendments filed a year after request – Law Society’s Gazette

Posted January 12th, 2017 in amendments, claims management, news by tracey

‘The High Court has told an engineering business it cannot make amendments submitted more than a year after its original defence to a civil claim was filed.’

Full story

Law Society’s Gazette, 11th January 2017

Source: www.lawgazette.co.uk