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CMCs – new regulator

In early 2019 the Financial Conduct Authority (FCA) will take over the regulation of claims management companies (who currently come under the jurisdiction of the Claims Management Regulator).
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Success fee – overcharging?

Claimant PI lawyers have been hit from every direction: apart from the Civil Liability Bill, there are challenges to 2013 transfers of CFAs, and conversion of LA certificates into CFAs. 
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CFA – ‘informed consent’

We noted in the March/April 2018 issue (p31) the importance of obtaining the client’s ‘fully informed consent’ when assigning a CFA from one firm to another. 
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Claimants – Civil Liability Bill

The Civil Liability Bill is intended to introduce the whiplash ‘reforms’, as well as changes to the calculation of the discount rate. 
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Holiday sickness – fixed costs!

The number of ‘holiday sickness’ claims by UK nationals while holidaying abroad has increased dramatically in the last few years. 
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Inquest – costs?

The costs of attending an inquest are often allowed when liability for the death has not been admitted, and attending the inquest is a necessary part of the claimant’s enquiry into the circumstances of the death.
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‘Fundamental dishonesty’ – rigid application

 A defendant who is ‘fundamentally dishonest’ about part of their insurance claim forfeits the entire claim.

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Success fee – discovery of file?

The 2013 Jackson reforms authorised the deduction of costs, up to a maximum of 25% of the damages recovered. As is well known, it is now being argued that many of those (maximum) 25% deductions were excessive – with a flurry of professional negligence claims being made.

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Occupier’s liability – car park

The claimant slipped on ice in an unmanned car park owned and operated by the LA. Such car parks were not gritted, with the LA operating a ‘reactive’ system (ie reacting to reports from members of the public).

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Manual handling – ‘real risk’?

The CA has confirmed the importance of applying the ‘initial threshold’ test in manual handling claims.

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