Posts Tagged ‘insurance’
Tuesday, May 31st, 2011
The uncertainty over the validity of Part 36 offers expressed to be “open for 21 days” ended with Friday’s Court of Appeal judgment in C v D [2011] EWCA Civ 646 which confirmed that Part 36 offers cannot be time-limited.
The Part 36 offer in that case was however saved from failing by the court construing “open for 21 days” as meaning it would not be withdrawn within 21 days, without the permission of the court.
In the light of this decision, Part 36 offers which are presented as a Part 36 offer and which otherwise comply with its form will not readily be interpreted by the courts in a way which will prevent them from being valid Part 36 offers.
Posted by Steven Conway, specialising in: defence of claims on behalf of insurers, local and public authorities, in particular employers’ liability and public liability claims.
Steven Conway
020 7337 1037
sconway@brownejacobson.com
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Rating: 9.2/10 (11 votes cast)
Tags: C v D, CPR, insurance, Part 36, steven conway
Posted in Insurance, Litigation | No Comments »
Thursday, May 26th, 2011
Lambeth Council has changed its definition of potholes as part of its attempt to save £37 million this year in order to protect key services. The Council used to repair holes 25mm deep but will now only repair those over 40mm deep and will check roads once every six months instead of once every four. It is suggested that this redefinition is likely to be adopted by 75% of councils.
Reducing highway maintenance and inspections regimes to fall in line with the Well Maintained Highways – Code of Practice for Highway Maintenance represents an easy win for Councils looking to save money but the recent Court of Appeal decision in Wilkinson v City of York [2011] EWCA Civ 207 was a shot across the bows for highway authorities seeking to deviate from the standards recommend in the Code, based on budgetary constraints.
While Councils struggle to prioritise their budgets, there is some risk that today’s savings may be tomorrow’s increased claims costs.
Posted by Steven Conway, specialising in: defence of claims on behalf of insurers, local and public authorities, in particular employers’ liability and public liability claims.
Steven Conway
020 7337 1037
sconway@brownejacobson.com
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Rating: 10.0/10 (8 votes cast)
Tags: budgets, code of practice for highway maintenance, highways, insurance, lambeth council, local authority, potholes, steven conway, well maintained highways
Posted in Insurance, Insurance - Advisory, Procurement | No Comments »
Monday, May 23rd, 2011
There has been considerable debate in relation to the most appropriate method of procurement of insurance for local authorities with many adopting different practices.
After the EU Commission opened an infringement procedure against the Netherlands for awarding public contracts for fire insurance by means of the negotiated procedure with publication of a contract notice, the Dutch authorities have now clarified that they consider this practice to be in violation of EU public procurement rules. They will now apply the correct procedures and indicate all the relevant information in the contract award notices in the EU Official Journal. With a similar approach likely to be taken in the UK, those procuring insurance for local authorities in the UK who had previously followed the negotiated procedure should take heed to avoid the risk of challenge.
Posted by Steven Conway, specialising in: defence of claims on behalf of insurers, local and public authorities, in particular employers’ liability and public liability claims.
Steven Conway
020 7337 1037
sconway@brownejacobson.com
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Rating: 10.0/10 (8 votes cast)
Tags: insurance, insurance advisory, local authority, negotiated procedure, Procurement, steven conway
Posted in Insurance, Insurance - Advisory, Procurement | No Comments »
Friday, January 7th, 2011
Claims management companies are prohibited from inducing claims by offering an immediate cash payment as an inducement to the public to make injury claims. However, this has not prevented them from offering cash back, often between £200 and £500, on acceptance of a claim by solicitors.
The distinction is technical, and the practice was descried by Lord Young in Common Sense, Common Safety as a ‘high pressure marketing technique’ which fuels perceptions of a compensation culture. Young recommended that the practice be prohibited.
The Ministry of Justice is now consulting on an amendment to the Claims Management Regulations which would have the effect of banning all cash incentives in relation to personal injury claims.
The consultation is open until 10 February.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
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Rating: 10.0/10 (2 votes cast)
Tags: Claims, insurance, Lord Young
Posted in Insurance, Insurance - Advisory | No Comments »
Monday, December 13th, 2010
A recent Court of Appeal judgement suggests courts will consider the economic restrictions placed on local authorities before deciding if there has been a breach under Section 41 of the Highways Act.
In Ali v The City of Bradford & Metropolitan District Council the Court found that there was no such provision to extend the duty under Section 130 to remove general rubbish and overgrown vegetation and that the duty did not give rise to a civil action for damages.
The Court was conscious that to require highway authorities to carry out regular precautionary inspections of public footpaths would have substantial economic implications.
Its refusal to extend the duties to members of the public, which would have imposed a significant financial burden, is welcome news during these difficult times.
Going forward, it will be more common to put forward this type of argument where all Council departments are facing cuts. Ali suggests that such an argument will be given serious consideration by the Courts.
Posted by Jonathan Cook, who specialises in defendant public liability work including employers’, occupiers’ and highways liability cases from initial instruction to trial. Including small claims, fast and multi track work.
Jonathan Cook
0115 976 6150
jcook@brownejacobson.com
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Rating: 6.0/10 (1 vote cast)
Tags: Ali v The City of Bradford & Metropolitan District Council, Highways Act, insurance, local authorities
Posted in Employers & Public Liability, Insurance, Local Authorities | No Comments »
Tuesday, November 16th, 2010
The Government published its consultation in relation to the cost of civil claims on 15 November, coinciding with a linked paper regarding Legal Aid.
Its key recommendations include abolishing the recovery of success fees or ATE premiums from the losing party, the use of qualified one way costs shifting and damages based agreements and enhanced penalties under Part 36 offers.
The consultation focuses primarily on issues of funding. Recommendations such as fixed fees, new processes and limitations on referral fees will be looked at separately. There is also a strong focus within the document on personal injury litigation, though a number of the proposed reforms would have wider ranging effects.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
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Rating: 9.3/10 (3 votes cast)
Tags: Claims, insurance, Jackson reforms, personal injury litigation
Posted in Insurance, Insurance - Advisory, Litigation | No Comments »
Friday, November 12th, 2010
A teacher who lost her voice from shouting over noise outside her classroom has been awarded a £156,000 out-of-court settlement by her employer, Hillingdon Council.
Mrs Walters’ classroom was next to a courtyard used by schoolchildren during playtime. She often had to shout and repeat herself which led to nodules forming on her vocal chords affecting her voice. Her formal grievance was rejected by her employers on the grounds that nodules were an “occupational hazard”.
The council stated that the settlement was “in the best interests of Mrs Walters, the council and taxpayers”. Their decision is counter to the government’s agenda to curb compensation culture and makes it clear that employers must follow-up formal grievances with care and diligence. As councils tighten their purse strings and as more schools become their own employers of staff this case will set an unwelcome precedent.
Posted by Katie Michelon, who specialises in education law advice to schools, colleges and LEAs, including commercial advice on education sector projects such as academies, trust schools and federations.
Katie Michelon
0115 976 6189
kmichelon@brownejacobson.com
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Rating: 9.0/10 (1 vote cast)
Tags: compensation, employers liability, health and safety, insurance, occupational hazard, public liability, schools, teacher
Posted in Education, Public Sector | No Comments »
Wednesday, November 10th, 2010
According to the Association of Personal Injury Lawyers (APIL) the Lord Chancellor has agreed to review the discount rate in personal injury cases.
The discount rate is used to calculate an injured person’s compensation. It works by taking account of the income he is likely to receive from investing his damages. The discount rate was set in 2001 at 2.5 per cent by the then Lord Chancellor and has remained unchanged since.
A change to the rate is not a foregone conclusion. Whilst APIL will argue that there are sound reasons for the rate to be reviewed downwards, the Government will be wary of introducing any changes that have the potential to increase claims liabilities of public bodies such as the NHS and local authorities.
It has to also consider that rates must reflect the fact that many awards relate to needs extending over many years into the future, and rates of return on investments will inevitably change over time.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: APIL, compensation, insurance, personal injury
Posted in Insurance, Insurance - Advisory | No Comments »
Friday, November 5th, 2010
Claimants who accept a Financial Ombudsman Service (FOS) final determination will be bound by it and will not be able to then bring a civil claim through the courts against their financial adviser for any loss above the £100,000 limit to the FOS’ jurisdiction following a recent High Court decision.
The decision in Andrews v SBJ Benefit Consultants is very good news for IFAs and their professional indemnity insurers because it has clarified that claimants cannot accept a FOS award and then issue proceedings for the balance of any loss.
Of course there remains a risk that complainants might secure a favourable FOS determination, reject it and press on with civil proceedings.
However, most IFAs and their insurers would be happy with that because claims dealt with by the Courts are assessed in accordance with the law rather than what is “fair and reasonable” in the Ombudsman’s opinion, which some believe leads to decisions that are “consumer-friendly”. The judgment certainly brings much needed clarification to a long standing area of uncertainty.
Posted by Jonathan Newbold, who specialises in professional negligence, financial services and commercial dispute resolution; advises insurers on policy wording and coverage matters.
Jonathan Newbold
0115 976 6581
jnewbold@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: FOS, insurance, insurers, professional indemnity
Posted in Insurance, Professional Indemnity | 1 Comment »
Friday, August 27th, 2010
The debate about the future of litigation costs rages on. The Adam Smith Institute is the latest body to publish a report proposing reform to the CFA regime, and the abolition of legal aid for most claims.
The report’s author, Anthony Barton, proposes a cap on recoverable success fees and ATE premiums accompanied by a modest uplift in general damages to address the concern that claimants will be left less well off. The great strength of his report is in placing legal costs issues in the context of the current economic situation.
Barton is critical of Lord Justice Jackson’s proposals in relation to one way costs shifting and expresses concern in relation to the potential for unintended consequences, including spurious claims and fraud.
Jacksons’ recommendations should not be dismissed lightly and are likely to be at the heart of the Government’s proposed consultation in Autumn. Whether or not his conclusions prove correct, Barton’s report is also deserving of further consideration in the months ahead.
Posted by James Arrowsmith, who specialises in high value personal injury claims, extensive experience of claims relating to head injuries and serious bodily injury, psychiatric damage and injuries to children.
James Arrowsmith
0121 237 3981
jarrowsmith@brownejacobson.com
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Rating: 9.0/10 (3 votes cast)
Tags: ate insurance, costs, insurance, jackson report, legal costs, litigation
Posted in Litigation | No Comments »
