‘The government has stepped up attempts to eliminate fake holiday sickness scams, as a middle-aged British couple who had boasted on social media about having “sun, laughter and fun” on their holidays were jailed after making false insurance claims.’
The Guardian, 13th October 2017
Source: www.theguardian.com
‘The biggest number of claimants ever tried together in an insurance fraud case have been handed sentences ranging from community service to custody.’
Law Society's Gazette, 13th October 2017
Source: www.lawgazette.co.uk
‘The Ministry of Justice has today issued a call for evidence that it said would give ministers “a greater insight into the reported rise” in fraudulent holiday sickness claims, but displayed caution in the use of the oft-cited figure of a 500% increase in cases.’
Legal Futures, 13th October 2017
Source: www.legalfutures.co.uk
‘ASPO has not brought down insurance premiums, stopped referral fees or seen accident victims benefit from the promised 10% uplift in damages, and the Ministry of Justice is set to repeat its mistakes in the Civil Liability Bill, the chairman of the Motor Accident Solicitors Society (MASS) claimed yesterday.’
Litigation Futures, 12th October 2017
Source: www.litigationfutures.com
‘The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on 30th December 2015. The Defendant did not in fact accept the Claimant’s Part 36 offer until 29th January 2016. The delay in accepting the offer was therefore just under one month post expiry. Quantum was agreed in the sum of £10,000 which was paid. The issue was whether the Claimant’s costs were limited to fixed costs for the entire action or whether the Claimant was entitled to either assessed costs or indemnity costs for the period 30th December 2015 to 29th January 2016.’
Zenith PI Blog, 11th October 2017
Source: zenithpi.wordpress.com
‘The now-defunct Asons Solicitors has been ordered to meet the costs of insurance company LV=, after a court found that the law firm made ‘gross’ and ‘deeply disturbing’ failures in a personal injury case it was handling.’
Law Society's Gazette, 3rd October 2017
Source: www.lawgazette.co.uk
‘The justice select committee has accepted an invitation by the Ministry of Justice (MoJ) to undertake pre-legislative scrutiny of the draft legislation to reform the discount rate.’
Litigation Futures, 18th September 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
‘Hundreds of NHS patients who suffered at the hands of rogue cancer surgeon Ian Paterson will have been paid more in compensation for their trauma than his private patients, it has emerged. Around 750 private patients operated on by the disgraced surgeon will receive a total of £37.2 million for the physical and psychological pain they suffered undergoing unnecessary treatment, it was announced yesterday.’
Daily Telegraph, 13th September 2017
Source: www.telegraph.co.uk
‘Yesterday’s announcement of how the Ministry of Justice intends to reform the discount rate and publication of the National Audit Office’s (NAO) report on clinical negligence claims drew predictably opposing responses from claimant and defendant groups.’
Litigation Futures, 8th September 2017
Source: www.litigationfutures.com
‘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
‘A costs judge has rejected a defendant’s attempt to deprive a clinical negligence claimant of their £10,000 insurance premium.’
Law Society's Gazette, 24th August 2017
Source: www.lawgazette.co.uk
‘In the last couple of years there has been an explosion in the number of holiday sickness claims in the UK. It has reached epidemic proportions so rapidly that all the national newspapers have run stories about hotel owners, mostly in Mediterranean resorts, threatening to ban British holidaymakers. The stories have probably been exaggerated to sell papers and there is likely to be a degree of sabre-rattling from the hotel owners, but there is no doubt that it has become a significant problem for the British holiday industry, so much so that ABTA launched its “Stop Sickness Scams” campaign in June 2017.’
Park Square Barristers, 7th August 2017
Source: www.parksquarebarristers.co.uk
‘The Financial Ombudsman Service (FOS) is anticipating a “significant increase in demand” for its services in the run-up to the August 2019 deadline for complaints about potentially mis-sold payment protection insurance (PPI)’
OUT-LAW.com, 17th August 2017
Source: www.out-law.com
‘On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through 2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right.’
NIPC Law, 4th August 2017
Source: nipclaw.blogspot.co.uk
‘Personal injury (PI) lawyers may have experienced a powerful sense of deja vu last week when the government announced a review of fees in holiday sickness claims. The same apocalyptic warnings of rampant fraud; the same incessant lobbying from a trade body. And ultimately the same solution – fixed costs – provided by ministers who would rather the whole thing just went away.’
Law Society's Gazette, 17th July 2017
Source: www.lawgazette.co.uk
‘The Court of Appeal has ruled that qualified one-way costs shifting (QOCS) should apply where an injured party has the right to pursue compensation against an organisation such as an insurance company or tour operator, rather than the wrongdoer.’
OUT-LAW.com, 11th July 2017
Source: www.out-law.com
‘Qualified one-way costs shifting (QOCS) does apply for the benefit of a paralysed lorry driver who had his claim struck out against the Motor Insurance Bureau (MIB), the Court of Appeal has ruled, overturning the High Court.’
Litigation Futures, 10th July 2017
Source: www.litigationfutures.com
‘A claimant severely injured in a crash with an unknown motorist is entitled to costs protection against a compensatory body, the Court of Appeal has ruled.’
Law Society's Gazette, 7th July 2017
Source: www.lawgazette.co.uk
‘The Civil Procedure Rule Committee (CPRC) has warned lawyers involved in the “highly contentious area” of credit hire litigation that if they fail to agree a new model order for directions, they risk “a solution being imposed”.’
Litigation Futures, 6th July 2017
Source: www.litigationfutures.com
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