‘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.’
The Guardian, 8th January 2018
Source: www.theguardian.com
‘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.’
Litigation Futures, 10th October 2017
Source: www.litigationfutures.com
‘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”.’
OUT-LAW.com, 13th September 2017
Source: www.out-law.com
‘A claims management company (CMC) has withdrawn a YouTube advert designed to generate holiday sickness claims after the Advertising Standards Authority (ASA) ruled that it was misleading.’
Legal Futures, 6th September 2017
Source: www.legalfutures.co.uk
‘A firm responsible for pressuring people into making holiday sickness claims had its licence cancelled by the Claims Management Regulator (CMR) last week.’
Legal Futures, 29th August 2017
Source: www.legalfutures.co.uk
‘A firm responsible for pressuring people into making holiday-sickness claims has had it’s licence stripped by the Claims Management Regulator.’
Ministry of Justice, 25th August 2017
Source: www.gov.uk/government/organisations/ministry-of-justice
‘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.’
OUT-LAW.com, 3rd August 2017
Source: www.out-law.com
‘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.’
4 KBW, 30th March 2017
Source: www.4kbw.net
‘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).’
Law Society’s Gazette, 13th March 2017
Source: www.lawgazette.co.uk
‘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.’
Litigation Futures, 22nd February 2017
Source: www.litigationfutures.com
‘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.’
Zenith PI Blog, 2nd February 2017
Source: www.zenithpi.wordpress.com
‘Health secretary Jeremy Hunt today finally announced the details of the fixed costs regime for clinical negligence cases.’
Law Society’s Gazette, 30th January 2017
Source: www.lawgazette.co.uk
‘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.’
Law Society’s Gazette, 11th January 2017
Source: www.lawgazette.co.uk
‘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.’
Legal Futures, 17th August 2016
Source: www.legalfutures.co.uk
‘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.’
Ministry of Justice, 29th July 2016
Source: www.gov.uk/government/organisations/ministry-of-justice
‘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.’
Legal Futures, 27th April 2016
Source: www.legalfutures.co.uk
‘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.’
Litigation Futures, 6th April 2016
Source: www.litigationfutures.com
‘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.’
Daily Telegraph, 21st March 2016
Source: www.telegraph.co.uk
‘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.’
Ministry of Justice, 16th March 2016
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Financial Ombudsman Service says claims made through third-party companies much less likely to be upheld.’
Daily Telegraph, 20th February 2016
Source: www.telegraph.co.uk
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