Personal Injury/Clinical Negligence
MPs urge government action over problems with whiplash portal
The Ministry of Justice needs to investigate why there is a growing number of unresolved cases in the Official Injury Claim portal, MPs said today.
Counsel’s fees to be excluded from clin neg fixed fees regime
Fees for counsel’s advice in lower-value clinical negligence cases will not be recoverable under the fixed recoverable cost regime unless a child or protected party is involved.
Claimant representatives furious at clinical negligence reform
Claimant representatives have reacted angrily to the government’s decision to press ahead with fixed recoverable costs for clinical negligence cases that settle pre-issue for less than £25,000.
Fixed costs for lower-value clinical negligence claims to go ahead
Fixed recoverable costs for clinical negligence claims that settle pre-issue for up to £25,000 will come into force next April, the government announced today – but it has increased the costs on offer.
Partner who lied to clinical negligence victim’s mother struck off
A partner lied to the litigation friend and mother of a medical negligence victim, telling her repeatedly over two and a half years that a pre-action protocol letter had been sent when it had not.
Law firm fined for dealing with CMC and not its clients
A personal injury firm which did not deal directly with clients referred by a claims management company over six years has been fined by the Solicitors Regulation Authority.
APIL issues JR over shortcomings in new fixed costs rules
The Association of Personal Injury Lawyers has issued judicial review (JR) proceedings challenging aspects of the new rules to extend fixed recoverable costs.
Scottish court refuses costs recovery because claimant used English firm
A woman who lives in Scotland but chose to instruct an English law firm to conduct her personal injury case, using a Scottish law firm as agents, cannot recover the English firm’s fees.
Claimant who lied about minor injury not fundamentally dishonest
A claimant who lied about having a minor head injury, which did not feature in his pleaded claim or medical report, was not fundamentally dishonest, the High Court has ruled.
Personal injury market showing “little signs of recovery”
The personal injury market is showing “little signs of recovery”, with some – mainly larger – firms posting good results and having expansion strategies, new research has found.
PI almost a CMC-free zone as overall number continues to fall
The number of claims management companies has fallen by 83% from its high point of 3,213 in March 2011 to just 546 now, new figures have revealed.
Acquisitive PI firm buys two of best-known practices in the country
Two of the best-known names in the personal injury market are set to disappear after they were acquired by Manchester firm Express Solicitors.
MoJ increasing new fixed costs to reflect high rate of inflation
The Ministry of Justice is to increase the new fixed recoverable costs coming into force on 1 October to take account of the high rate of inflation, and is consulting on other changes.
It is also consulting on a range of further changes to the regime
Professional enablers fuelling “opportunistic personal injury fraud”
The cost-of-living crisis is encouraging “opportunistic” personal injury fraud, with “professional enablers” designing “cynical ‘conveyor belt’ processes” to maximise fake or exaggerated injuries.
Eight out of 10 NHS claims now settle pre-issue
The proportion of claims settled by NHS Resolution pre-issue hit a record 80% in the last year, but the cost of claims still rose, according to its annual report.
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