‘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.’
Litigation Futures, 6th July 2016
Source: www.litigationfutures.com
‘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.’
Law Society’s Gazette, 3rd June 2016
Source: www.lawgazette.co.uk
‘Kerry Underwood concludes his 60th birthday tour with a master class on small claims, portals & Pt 36.’
New Law Journal, 3rd June 2016
Source: www.newlawjournal.co.uk
‘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.’
Litigation Futures, 3rd June 2016
Source: www.litigationfutures.co.uk
‘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.’
Henderson Chambers, 31st March 2016
Source: www.hendersonchambers.co.uk
‘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.’
Hardwicke Chambers, 23rd May 2016
Source: www.hardwicke.co.uk
‘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.’
Cloisters, 24th May 2016
Source: www.cloisters.com
‘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.’
Litigation Futures, 2nd June 2016
Source: www.litigationfutures.co.uk
‘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.’
Legal Futures, 27th May 2016
Source: www.legalfutures.co.uk
‘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.’
BBC News, 13th May 2016
Source: www.bbc.co.uk
‘Justice minister Lord Faulks today indicated that there will be no retreat on far-reaching and controversial plans to reform the personal injury sector.’
Law Society’s Gazette, 4th May 2016
Source: www.lawgazette.co.uk
‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.
Litigation Futures, 26th April 2016
Source: www.litigationfutures.com
‘A district judge was wrong to move a dispute over hire car costs from stage 3 of the RTA protocol to the small claims court, the Court of Appeal has ruled.’
Litigation Futures, 22nd April 2016
Source: www.litigationfutures.com
‘The Court of Appeal has overturned a High Court ruling that had protected law firms from financial risk through restricting the way professional indemnity insurers could aggregate multiple claims.’
Legal Futures, 14th April 2016
Source: www.legalfutures.co.uk
‘A semi-professional footballer who brought a fake whiplash claim has suffered twice over after a four-month suspended sentence for contempt was heaped on an £11,000 costs order for bringing a fundamentally dishonest claim.’
Litigation Futures, 19th April 2016
Source: www.litigationfutures.com
‘The Court of Appeal has overturned a High Court ruling that had protected law firms from financial risk through restricting the way professional indemnity insurers could aggregate multiple claims.’
Legal Futures, 14th April 2016
Source: www.legalfutures.co.uk
Howe v Motor Insurers’ Bureau [2016] EWHC 640 (QB)
‘Regulation 13(1) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 provides: “(1) This regulation applies where— (a) an accident, caused by or arising out of the use of a vehicle which is normally based in an EEA state, occurs on the territory of— (i) an EEA state other than the United Kingdom, or (ii) a subscribing state, and an injured party resides in the United Kingdom, (b) that injured party has made a request for information under regulation 9(2), and (c) it has proved impossible— (i) to identify the vehicle the use of which is alleged to have been responsible for the accident, or (ii) within a period of two months after the date of the request, to identify an insurance undertaking which insures the use of the vehicle.”’
WLR Daily, 22nd March 2016
Source: www.iclr.co.uk
‘New flood protections for homeowners will make the conveyancing process more complex, solicitors have been warned.’
Law Society’s Gazette, 4th April 2016
Source: www.lawgazette.co.uk
‘This Claim concerns an alleged road traffic accident on 17th March 2013 when UKI’s insured, Mr Miller, is alleged to have negligently driven into Mr Gentry causing him personal injuries and losses. UKI received no co-operation from Mr Miller, but in February 2014 discovered that he knows Mr Gentry. This then formed the basis of an allegation of a fraudulent collusion and the desire for UKI to put and argue this allegation of fraud at Trial.’
Park Square Barristers, 14th March 2016
Source: www.parksquarebarristers.co.uk
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