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‘A claims management company (CMC) has withdrawn a YouTube advert designed to generate holiday sickness claims after the Advertising Standards Authority (ASA) ruled that it was misleading.’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

Full story

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.’

Full story

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

Advertising watchdog raps CMC for misleading consumers about fees – Legal Futures

Posted August 17th, 2016 in advertising, claims management, fees, insurance, news by sally

‘A claims management company in Manchester has become the latest to be slapped down by the Advertising Standards Authority (ASA) after failing to make clear to potential customers that the amount of money they could receive was before its 33% fee was deducted.’

Full story

Legal Futures, 17th August 2016

Source: www.legalfutures.co.uk

Claims Management Regulator – Misleading marketing statements – Ministry of Justice

‘We have put together a list of misleading statements which demonstrate some of the types of advertising and marketing that is not compliant with our rules.’

Full text

Ministry of Justice, 29th July 2016

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

Neuberger: ODR may become only route to justice for smaller claims – but Bar is looking for alternatives – Legal Futures

‘Online dispute resolution (ODR) could be the only way of ensuring access to justice in moderate-sized claims in future – but the Bar Council is trying to find an alternative that retains hearings, according to the president of the Supreme Court.’

Full story

Legal Futures, 27th April 2016

Source: www.legalfutures.co.uk

Amended costs management rules come into force – Litigation Futures

‘The amended costs management rules came into force today as part of the latest CPR update, following the review carried out by a Civil Procedure Rules Committee group headed by Mr Justice Coulson.’

Full story

Litigation Futures, 6th April 2016

Source: www.litigationfutures.com

Nuisance calls by ‘ambulance chasers’ soar despite attempts at crackdown – Daily Telegraph

‘One in five people receives an unsolicited, nuisance call every day in a practice fuelled by “ambulance-chasing lawyers,” a report has warned. The compensation culture, which is driven by claims management companies, has soared, despite government attempts to crack down on the practice.’

Full story

Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

Claims management regulation review: final report – Ministry of Justice

Posted March 17th, 2016 in claims management, reports by tracey

‘Carol Brady has now published the final report of her independent review of claims management regulation, commissioned by HM Treasury and the Ministry of Justice.’

Full report

Ministry of Justice, 16th March 2016

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

Savers pay hundreds for bank account mis-selling claims rejected by ombudsman – Daily Telegraph

‘Financial Ombudsman Service says claims made through third-party companies much less likely to be upheld.’

Full story

Daily Telegraph, 20th February 2016

Source: www.telegraph.co.uk

Licence stripped from company that made 40 million nuisance calls – Ministry of Justice

Posted January 13th, 2016 in claims management, licensing, news, telecommunications by sally

‘A company that made almost 40 million nuisance calls in just 3 months has today had its licence revoked by the Claims Management Regulator (CMR).’

Full story

Ministry of Justice, 12th January 2016

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