Home > Legal Opinions tagged Claims

  • non-compliance to hit claims management companies in their pockets

    Christian Lowden

    On 29 December 2014 the Compensation (Claims Management Services) (Amendment) Regulations 2014 will come into force, allowing the Claims Management Regulator (CMR) to fine claims management companies (CMCs) who breach their authorisation. Rules introduced in October set the standards expected of CMCs across advertising and marketing; running a business; taking on business and representing clients. […]

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  • no appeal in holiday pay cases

    Gemma Steele

    As we reported earlier this month, the EAT confirmed that holiday pay calculations should include a sum of money reflecting normal non-guaranteed overtime. The slightly more surprising element of the judgment was that claims for back pay would be out of time if there has been a break of more than three months between successive […]

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  • removal of the right of compensation for minor RTA claims

    James Arrowsmith

    Proposed amendments to the Social Action Responsibility and Heroism (SARAH) bill aimed at curbing the payment of damages in relation to low value injury claims show that the debate on the cost of whiplash is far from over. Amendments which would have allowed insurers to provide rehabilitation treatment rather than damages in relation to the […]

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  • further rules on fixed cost medical reports

    James Arrowsmith

    The latest draft rules intended to reform soft tissue injury claims give further clarity on how Claims and Underwriting Exchange (CUE) search facilities and expert accreditation will be incorporated before the expected implementation in April 2015. Claimant representatives will be required to undertake searches via AskCUEPI and input a unique reference into the CNF to […]

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  • holiday pay includes overtime

    Amy Dowling

    The Employment Appeal Tribunal has this morning held that holiday pay calculations should include a sum of money reflecting normal non-guaranteed overtime (work an employee, if requested, is obliged to perform but the employer is not obliged to offer). These calculations should be based on the four weeks’ leave as opposed to 5.6 weeks under […]

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  • the latest chapter in the challenge to the fee regime

    Gemma Steele

    As we reported in February, UNISON’s original High Court challenge on the introduction of the employment tribunal fee regime was dismissed. Appeal to the Court of Appeal was granted but in light of new evidence it was deemed appropriate for UNISON to issue a new judicial review claim which was heard by the High Court […]

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  • 'fair, proportionate and effective' – striking out dishonest claims

    Paul Wainwright

    The Transport Committee has published its Fifth Special Report ‘Driving premiums down: fraud and the cost of motor insurance‘. The consultation is an important step in the further implementation of the Jackson reforms, following LASPO 2012. Whilst the ABI figures show improvement with reduced premiums, the AA has noticed a reversing trend. These proposed reforms […]

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  • poor claimant funding advice could prove expensive

    Melanie Chisnall

    In the case of McDaniel & Co v Clarke (2014), Mr Justice Hickinbottom ruled that a Master was entitled to hold that the solicitors acting for the claimant were entitled to recover no costs on the basis that the claimant was a member of a trade union and was eligible for free legal representation if […]

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  • not all mesothelioma claims result in a payment

    Bridget Tatham

    The case of Macarthy v Marks & Spencer is a timely reminder that not all mesothelioma claims result in a payment. The deceased worked for a shop fitting company between 1967 and 1990 and contracted mesothelioma. It was accepted that his asbestos exposure took place on the premises of M&S but that it did not […]

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  • MOJ mesothelioma reform consultation not good enough to support fu...

    James Arrowsmith

    Last week the High Court found that the Lord Chancellor’s decision to extend the ban on recovery of success fees and ATE premiums to mesothelioma claims was unlawful. Political pressure meant mesothelioma claims were excluded from various measures brought in after Jackson’s review of costs. In relation to the ban on recovery of additional liabilities, […]

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  • understanding the impact of settlement agreements makes good busin...

    Katie Scott

    In the case of Starlight Shipping Co v Allianz Marine & Others the court held that where a claimant issued proceedings against a company (as well as individuals within the company), the claimant had compromised its ability to bring proceedings against the individuals by entering into a settlement agreement with the defendant company. Starlight issued […]

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  • more reform?

    Nichola Evans

    The Transport Committee has just released its fourth report since 2010 looking at the cost of motor insurance. In its thirteen conclusions and recommendations there are a number of issues insurers need to note. It says that there should be a consultation as to how the new medical panels should operate ahead of their introduction […]

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  • private schools feel the Savile effect

    Sarah Erwin-Jones

    I have been dealing with claims arising out of institutional child abuse for over 15 years. Most of the claims my team has seen have been by claimants from deprived backgrounds complaining of abuse in children homes. Their claims for loss of earnings (the highest value of most serious claims) are limited, because most come […]

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  • have you been served with a notice of funding?

    James Gibbons

    The latest decision in Harrison v Black Horse is an important decision for cases in which success fees are claimed. In the case, it was held that the claimants’ failure to serve notices of funding prior to appeals to the High Court and Court of Appeal precluded them from recovering success fees under their CFAs. […]

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  • no relief from sanction….

    Nichola Evans

    If the recent messages from the Court of Appeal haven’t made it clear that the courts are taking a hard line approach to the Jackson reforms, we now have a decision from the Senior Courts Cost Office that it is only going to be in exceptional circumstances that relief from sanction will be granted. In […]

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  • small claims limit extension back on track?

    James Arrowsmith

    The Government has given its strongest indication yet that it is seriously considering increasing the small claims track limit for personal injury claims. Previous consultations have focused on an increase for whiplash claims. In a letter to the Transport Select Committee chair, Louise Ellman, Secretary of State for Justice Chris Grayling said there was a […]

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  • court fees consultation to increase civil claims costs

    James Arrowsmith

    A consultation on court fees proposes that parties to some civil and commercial claims could subsidise other cases, and pay for investment in the court system. Family work in the civil courts costs more than the fees generated, while other areas such as injury and commercial claims have been broadly self funding.

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  • historical child abuse claims – difficult to draw a line under

    Sarah Erwin-Jones

    Once it has been established that an employee abused children in the past, it becomes impossible for the employer and its insurers at the time to be confident they have seen all the damages claims that might flow. Although the cases may be very old indeed, the courts are often persuaded to allow claims to […]

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  • sexual abuse cases – celebrity witch hunts raises profile of all p...

    Sarah Erwin-Jones

    Coronation Street actor Michael Le Vell, was acquitted of child abuse charges on Tuesday. Prosecutors denied that he had fallen victim to a “celebrity witch-hunt”. Whether or not that is the case, the continued publicity surrounding police child abuse investigations is raising the profile of such allegations. The involvement of celebrities simply raises the profile […]

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  • social workers must become cyber savvy

    Sarah Erwin-Jones

    Local Authorities are now at risk of claims from children and young people who allege they were the subject of sex trafficking and abuse from paedophile gangs and others. The claims will be based on allegations that Social Workers and others who work with young people knew or ought to have known that children were […]

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