News Roundup 2016

Added 21st December 2016

PI firms say whiplash reforms will finish them off

Firms face closure in face of whiplash reform and fixed costs review

 

Added 15th December 2016

‘Filling their stockings’: Labour backs ‘fat cats’ campaign against whiplash reforms

MoJ to move ahead with PI reforms rapidly as Labour backs ‘fat cat insurers’ campaign 

The Personal Injury Reforms – Modern Claims Magazine Feature 

 

Added 13th December 2016

Government whiplash plans will ‘feed fat cats’ while reducing access to justice

CMCs and McKenzie Friends not the answer to PI reform

 

Added 7th December 2016

Liz Truss’ whiplash scheme hands insurance companies a bumper payment

Director of content’s comment: Time to make a nuisance with a #coldcallcrackdown

Government whiplash crackdown would also hit legitimate claims from cyclists say campaigners

 

Added 2nd December 2016

PI reform opponents ask for more time

Claims giant warns PI reforms will hit 2017 profits by £4m

 

Added 1st December 2016

Access to Justice urges MoJ to extend whiplash consultation deadline

 

Added 30th November 2016

PI reforms blamed for law firm’s collapse

Insurers, tax, whiplash victims, and how to hit back 

 

Added 24th November 2016

Hammond ‘crazy’ to not tackle personal injury cold calling, lawyers say

Cold calling, whiplash reform and IPT – Autumn Statement angers claimant lawyers

Insurer backlash as tax hike wipes out whiplash reform gains

Autumn statement: ‘stealth tax’ places £40 premium cut in doubt

MoJ’s whiplash reform blunder ‘could open door to judicial review’

 

Added 23rd November 2016

Autumn statement 2016: how it’ll affect motorists 

Your car insurance is going up – £51 added to your bills after Philip Hammond announces rise in tax

 

Added 22nd November 2016

Anti-whiplash measures may not cut costs 

Whiplash reforms: Taking away our basic rights

 

Added 18th November 2016

MoJ: Insurers could make £200m profit from PI reforms, while some law firms will exit

Campaigners warn PI reforms will cost 60,000 legal jobs

Personal injury proposals at a glance

Truss sounds death knell for claimant PI sector

Call to exempt workplace accidents from whiplash claims crackdown plan

Tory party donations by insurance firms in marked increase since 2005

 

Added 17th November 2016

Lawyers and campaigners hit out at whiplash reform proposals

Personal injury lawyers disappointed at ministry of justice plans

MoJ will press on with £5k small claims limit

Whiplash plans to ‘cut car insurance premiums by £40’

Crackdown on whiplash claims could knock £40 off car insurance bills

Whiplash injury payouts face government crackdown

 

Added 10th November 2016

MoJ whiplash reform plans could come ‘within days’ 

 

Added 7th November 2016

Pre-med settlements are routinely undercutting claimants

News analysis: Industry calls for action after whiplash reforms delayed

 

Added 3rd November 2016

Modern Claims Magazine – Stop The Small Claims Limit Rise

Modern Claims Magazine – Andrew Twambley & David Williams 

 

Added 2nd November 2016

Facebook blocks Admiral’s car insurance discount plan

Facebook Says Insurance Company Can’t Set Premiums Based on Users’ Posts

Facebook blocks Admiral from reading posts to judge if customers are safe drivers

Facebook forces Admiral to pull plan to price car insurance based on posts

Admiral to price car insurance based on Facebook posts

 

Added 26th October 2016

Delay in whiplash reforms means industry has to cooperate to address fraud

 

Added 19th October 2016

Car insurance premium increases: all for profit?

Is the insurance industry faking accident figures to justify ramping up premiums?

Car insurers accused of ‘profiteering’ by increasing premiums

 

Added 17th October 2016

Blog: Whiplash reforms must be based on evidence

 

Added 13th October 2016

Insurers playing a cynical game over whiplash as Government mulls reforms

Whiplash reforms ‘have been shelved’  

Whiplash reforms scrapped: industry reacts

Truss juggles with Osborne’s whiplash baby 

Insurers demand action on halted whiplash reforms 

Insurers gloomy as Truss ditches whiplash reform plans 

BREAKING NEWS: Government shelves personal injury reform

Osborne’s ‘whiplash culture’ reforms run into a brick wall 

 

Added 7th October 2016

Opinion: Whiplash reform – more at stake than a potential £50

 

Added 6th October 2016

Car insurance premium averages ‘to top £700’

Comparethemarket.com study warns of a record gulf between the average and cheapest insurance deals

 

Added 29th September 2016

Public “does not trust” insurers to pass on PI reform savings

 

Added 28th September 2016

Public don’t trust insurers to pass on car insurance savings if small claims reforms go through

Public don’t trust insurers to pass on car insurance savings 

Public don’t trust insurers to pass on savings – report

 

Added 26th September 2016

PI Futures: government reforms may have been delayed but “they’re coming”

Why the government’s proposed limitations and banning of whiplash are a mistake

 

Added 20th September 2016

Average UK car insurance bill rose by 13% over past year

 

Added 19th September 2016

The rise and rise of insurance premiums

 

Added 15th September 2016

Law Society rejects ABI claim that solicitors facilitate insurance fraud amid concern that cold-calling ban could go

 

Added 30th August 2016

Finally – insurers get it in the neck for not passing on whiplash savings 

 

Added 27th August 2016

Insurers cheat motorists

£500m savings in whiplash car insurance claims not passed to motorists

 

Added 22nd August 2016

Car insurance firms hike premiums even for drivers not at fault in a crash

 

Added 16th August 2016 

Carpenters and Modern Claims Magazine Fraud Roundtable

 

Added August 11th 2016

FCA auto-renewals insurance crackdown ‘doesn’t go far enough’  

FCA “fails” with transparency proposals 

 

Added 10th August 2016 

Millions of Britons paying ‘ethnic minority penalty’ for car insurance

 

Added 18th July 2016 

Lawyers call on government to ‘get its priorities right’ on automatic car renewals 

 

Added 14th July 2016

Brexit: What next for the personal injury industry? 

 

Added 24th June 2016

Brexit will not change push to reform personal injury small claims, say lawyers

 

Added 22nd June 2016

Motor insurance market delivers 2015 loss

 

Added 20th June 2016

Insurers’ fraud stats are not fit for purpose, says claimant lawyer

 

Added 17th June 2016

UK insurance fraud stats slammed 

 

Added 14th June 2016

Official fraud stats are ‘spurious’, legal campaigners claim 

 

Added 9th June 2016

A2J reveals that proven fraud costs motorists just £4 a year

 

Added 8th June 2016

Martin Coyne speak with Charlotte Parkinson, Modern Claims, about the ramifications of PI reforms 

 

Added 19th May 2016 

Minister of State for Justice indicates further proposed Reforms for Personal Injury Claims will go ahead

 

Added 18th May 2016 

Blog: Proposed whiplash reforms are cynical

 

Added 17th May 2016 

Blog: Proposed whiplash reforms are cynical 

 

Added 11th May 2016 

Making the lie big: An assessment of Lord Faulks’s pledge

 

Added 9th May 2016 

Solicitors dig in for battle on PI reforms 

Consultations: What are they good for?

 

Added 5th May 2016 

A2J challenges Lord Faulks’s pledge to push ahead with claims reforms 

Go out and win hearts and minds – APIL chief 

New APIL president calls members to arms as PI lawyers face up to their “greatest challenge”

APIL: Government plans to end ‘trivial’ injury claims ‘utterly groundless’

 

Added 4th May 2016 

APIL 2016: no retreat on personal injury reform, says justice minister 

Faulks holds firm on PI reforms but promises to “hold insurers’ feet to the fire” on lower premiums 

Only a fifth of clients would instruct solicitors on low value claims if small claims limit goes up, says Access2Justice group

 

Added 29th April 2016 

Consumers more likely to go it alone or not bother if PI small claims limit rises 

 

Added 28th April 2016 

Consumers more likely to go it alone or not bother if PI small claims limit rises

Limiting access to justice is ‘unfair’, says public 

 

Added 27th April 2016

60% say whiplash crackdown unfair – poll 

Almost 60% believe personal injury reforms unfair 

 

Added 25th April 2016:-

Jackson speech: about implementing  new bill of costs system ( not commenting  on whiplash etc)

APIL on insurance fraud ( nothing new in the figures, they were the numbers  (0.2%) we quoted and evidenced in our main brief on LASPO!)

MoJ budget black hole due to lower court  fee income than expected

Political paralysis at no 10: may explain why all quiet on the whiplash front, too

Claimant recovers full costs in clin neg claim, even though failed on one issue

 

Added 18th April 2016:-

Osborne’s personal injury reform plans slated

 

Added 15th April 2016:-

Law firms, charities and other claimant groups gear up to fight government PI reforms

Firms unite to fight Osborne’s PI reform plans

 

Added 14th April 2016:-

A2J reveals how insurers ‘hoodwinked’ government on proposed PI reforms

Access to Justice group says Government has been hoodwinked by insurers over small claims 

Government being ‘hoodwinked’ by insurance industry, says new lobbying group

 

Added 11th April 2016:-

Stage 1 portal fees – claw back court decision

New marketing consortium

 

Added 4th April 2016:-

Aviva challenged

Aviva on fraud and whiplash again

Replace compensation with rehabilitation   says AXA survey

NAH on cold calling

Outcome of MedCo review report:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/511253/outcomes-medco-review.pdf

‘we have concluded that the revised offer for MROs upon completion of a search on MedCo will

Be two tier 1 MROs and ten tier 2 MROs’

 

Added 29th March 2016:-

MedCo accreditation deadline extended by 3 months: the system is clearly a mess:

MoJ statement:

Outcomes of the MedCo Review

We have today published the outcomes of the MedCo Review: call for evidence, which closed on 4th September 2015.

Read or download the Outcomes of the MedCo Review

Whiplash Reform: Amendment to the Deadline for Accreditation of Medical Experts on MedCo

The MedCo accreditation process will enhance the standards of medical reporting. Currently, the RTA pre-action protocol requires medical experts who prepare reports on or after 6 April to be accredited. However, due to an unforeseen delay with the training programme, it has become apparent that a significant number of experts, who have applied for accreditation, will not be able to complete the reports for which they have been instructed before the 6 April deadline.

Therefore, the Ministry of Justice has taken the decision to extend the deadline for accreditation to avoid any potential unexpected consequences. The necessary amendments to the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents have been agreed by the Master of the Rolls. The amendments mean all medical experts who prepare initial medical reports used in support of whiplash claims must now be accredited by 1 June 2016.

http://www.lawgazette.co.uk/news/whiplash-scheme-suffers-another-three-month-delay/5054421.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ24032016

SRA warning to solicitors over PI fraud

http://www.sra.org.uk/solicitors/code-of-conduct/guidance/warning-notices/Risk-factors-in-personal-injury-claims–warning-notice.page

see also:

http://www.lawgazette.co.uk/practice/sra-concerned-at-pi-practices-aiding-fraud/5054371.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ22032016

http://www.legalfutures.co.uk/latest-news/nah-records-strong-2015-but-warns-that-pi-reforms-will-squeeze-profits

ATE take up declines post LASPO

 http://www.lawgazette.co.uk/practice/ate-insurers-desperate-claims-bullish-burford/5054413.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ24032016

Added 24th March 2016:-

Excerpt from President Obama’s speech regarding insurance reforms (something sounds familiar?):-

“At the heart of this debate is the question of whether we’re going to accept a system that works better for the insurance companies than it does for the American people — (applause) — because if this vote fails, the insurance industry will continue to run amok.  They will continue to deny people coverage.  They will continue to deny people care.  They will continue to jack up premiums 40 or 50 or 60 percent as they have in the last few weeks without any accountability whatsoever.  They know this.  And that’s why their lobbyists are stalking the halls of Congress as we speak, and pouring millions of dollars into negative ads.  And that’s why they are doing everything they can to kill this bill.”

Click below for the full story:-

https://www.whitehouse.gov/the-press-office/remarks-president-health-insurance-reform-fairfax-virginia

Latest News added 21st March 2016:-

Budget:

Insurance premium tax to be raised from 9.5 per cent to 10 per cent, to be spent on flooding defences : so much for reducing car insurance premiums!

CMC regulation to be moved to FCA from MoJ

‘The government will support the recommendations made by the independent review into the regulation of claims management companies (CMCs), including making CMC managers personally accountable for the actions of their businesses’

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/508160/PU1918_claims_management_regulation_review_final.pdf

http://www.legalfutures.co.uk/latest-news/budget-government-to-beef-up-cmc-regulation-with-switch-to-fca-oversight

Medco: not enough doctors have qualified to do reports:

http://www.lawgazette.co.uk/practice/training-snag-hits-medco-whiplash-initiative/5054160.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ14032016

 Courts apply part 36 rules strictly in favour of claimants

http://www.litigationfutures.com/news/defendants-lose-out-as-judges-insist-on-strict-interpretation-of-part-36

Raleys close down ( not surprising!)

http://www.lawgazette.co.uk/practice/miner-firm-raleys-goes-into-administration/5054207.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ15032016

http://www.legalfutures.co.uk/latest-news/controversial-miners-compensation-firm-goes-into-administration

Latest News added 14th March 2016:-

Insurer fails to set aside default judgment in time: allegations of fraud no assistance to them says Court of Appeal

Failure to advise on 10% GD uplift loses success fees for Irwin Mitchell

Third time unlucky for Irwin Mitchell over failing to advise properly on CFA switches

PI more confrontational in England and Wales then elsewhere in parts of Europe ( what a surprise!)

Clin Neg fixed costs may be limited to upper level of £250k

Right wing think tank: no win no fee corrupts

Latest News added 7th March 2016:-

PQ: government won’t identify insurers who will pass on ‘savings’

House of Lords starred question debate on whiplash: not very helpful!

Neuberger: access to justice at risk: but no reference to PI

Court of Appeal overturns decision not to award 10% damages uplift

Latest News added 1st March 2016:-

PI firm goes bust

AXA income mushrooms on motor insurance: 12% up

Defendants finally penalised in costs for rejecting successful part 36 offers (assessed rather than fixed costs awarded):-

Defendants told to stop taking the proverbial

Fixed costs trumped by part 36 offer rules

Judiciary oppose paying McKenzie friends:  ( NB implications for small claims court as this would  block off another way claimants could be represented)

Judiciary proposes fee ban and new name for McKenzie friends

Proposed ban on fee charging

Damages in fatal cases: Supreme Court corrects  long standing unfairness in future loss calculation

Supreme Court rewrites law on multipliers in fatal accident cases

Supreme Court rejects illogical precedent on death payments

QB Master speaks out against clin neg fixed costs

Judge labels clin neg fixed costs profoundly worrying

Latest News added 23rd Feb 2016

MoJ to assess the impact of the small claims hike

Add your voice to help Thompsons Campaign:-

Thompsons Solicitors launches ‘Small Claims, Big Impact’ campaign 

FOIL opposes Government small claims plans, despite their insurer clients’ wishes!  Important to our  campaign: they would otherwise also be turkeys voting for Christmas:

FOIL opposes Government small claims plans

Extension of fixed fees backed by Centre for Policy Studies: a think tank that is very influential with the Government

right wing think tank backs jacksons call to extend fixed fees

and Law Society responds:

Law Society responds to Jackson call for extension of fixed costs claims

CMC good practice guidance from MoJ

cmr bulletin 27

Derbyshire Telegraph: Reader’s letter

Derbyshire Telegraph: Small claims limit is bad news for accident victims – reader’s letter   

Lord Dyson speaks out

Dyson condemns “desperate” MoJ over enhanced court fees

Senior Judges lambast government over court fees

Jackson: fix costs for everything up to £250k: with suggested grid!

Fixed costs needed for everything up to £250k

Jackson reveals grid of fixed costs

Government Insurance  fraud  taskforce report….

Insurance Task Force Report – pdf download

….and criticism of it

Insurance Fraud Taskforce report. A work of fiction or an objective overview?

Claimant and defendant groups clash over Insurance Fraud Taskforce report – but the SRA is happy

AA closes ABS: NAH doing ok

AA closes ABS to new PI clients as National Accident Helpline announces strong growth

AA confirms effective closure of legal business

comments on Osborne plan…

Hitting the vulnerable hard

Just when the PI sector thought it couldn’t get any worse, George Osborne happened

….including from claimant

Retired man injured in Newport road accident speaks out over planned reform of claim limits

Treasury won’t police whiplash changes…

We won’t intervene over insurance prices, admits Treasury

No plans to monitor whether insurers pass on whiplash savings, says government

….So insurers in for £1bn windfall from whiplash cuts

Whiplash curbs could hand insurers £1bn-plus profit boost

CMA review of legal services provision

Competiton and Markets Authority to investigate legal services

Solicitors urged to embrace CMA review of legal services

CMC loses licence over fixed costs

CMC loses licence after 40m nuisance calls in three months

LCJ : more fixed costs required

Lord Chief Justice urges adoption of fixed fees for “unaffordable” justice system

fixed costs for clinical negligence from October, even though consultation not concluded

Ministers forge ahead with October date for fixed clin neg fees

Government confirms 1 October 2016 date for fixed costs in clinical negligence

Briggs review: on line courts without lawyers coming next for up to £25k?

Briggs review: online court needed to cut out lawyers

media silent on impact of small claims scheme

Insurers and whiplash – sultans of spin

report of APIL /MoJ meeting

MoJ undecided on scope of small-claims limit increase

report of ABI/MoJ meeting

Government trumpets insurer pledge to pass on whiplash reform savings – but not how it will be monitored

Portal development on hold due to small claims scheme

Uncertainty over PI claims portal as changes put on hold

fundamental dishonesty: why no costs penalty for failed defence?

‘Dishonesty claims that fail should incur penalties’

CMC complaints up

No end to flood of complaints about CMCs as total rises above 15,000

electronic billing postponed

Decision postponed on proposal for new October bill of costs

Impact of LASPO on big CMC

First4Lawyers: we’re recovering from ‘tumultuous change’ in PI market

Government response to the petition for what it is worth

Petition to keep the small claims track limit for personal injury claims at £1,000.00

Government says PI small claims limit rise ‘long overdue’

Another insurer now going to be providing legal services including PI

Insurer LV= enters legal market with fixed fee offering

two insurers will pass on small claims savings

Insurers to pass on 100% of whiplash savings, says MoJ

assignment of pre Jackson CFAs

Insurers to pass on 100% of whiplash savings, says MoJ

Small claims, abolition of GD, all will be together in 2017according to MASS

Officials indicate 2017 date for small claims limit increase

Court fees rise 10%

Enhanced fees response and consultation on further fee proposals – pdf download

Government decides against doubling court fee cap but gives green light to general increase

Steep rise in court fees confirmed

Early economic impacts of Autumn statement

PI firm blames Autumn Statement as it suspends construction of “iconic” £8m building

More bad news from Slater & Gordon, with UK problems set to hit profits

and allegedly Laspo

Sonae firm sunk by referral fee ban and group litigation failure