Tag Results
CMCs will start running – and under-settling – cases to survive, lawyers warn
Wednesday, 16 November 2011Changes to the personal injury landscape mean that claims management companies and others may step out of regulation altogether to run cases which commercial pressures may lead them to under-settle, the Association of Personal Injury Lawyers has warned.
Tags: claims management companies, Jackson report, Legal Aid Sentencing and Punishment of Offenders Bill, personal injury
Posted in News, Solicitors
Why is marketing fine except when done by CMCs?
Wednesday, 16 November 2011Introducing work to others is a common part of business life – just another cost that businesses incur in ‘selling’ their product. Law firms incur plenty of costs this way. So, asks Barbara Hamilton-Bruce, why is it different for claims management companies? Is their behaviour so abhorrent that the government should consider banning it?
Tags: claims management companies, marketing, personal injury, referral fees
Posted in Blog
Ombudsman should have jurisdiction over will-writers and not-for-profits, says report
Monday, 14 November 2011The Legal Ombudsman should press to extend its jurisdiction to complaints about non-lawyer will-writers and the not-for-profit sector, while the government needs to review its inadequate powers over complaints against CMCs, a study has recommended.
Tags: claims management companies, Legal Ombudsman, Legal Services Act, Legal Services Board, not-for-profit, reserved legal activities, Scotland, Solicitors Regulation Authority
Posted in Legal Ombudsman, News
Defendant insurers and lawyers lobby over referral fee ban “loopholes”
Monday, 14 November 2011A group of insurers and their lawyers lobbied former justice secretary Jack Straw last week as part of a bid to close “loopholes” in the proposed referral fee ban. They have also questioned whether the Claims Management Regulator will be willing to enforce the ban.
Tags: claims management companies, Legal Aid Sentencing and Punishment of Offenders Bill, referral fees
Posted in News
Banning referral fees will achieve nothing, warns government adviser
Tuesday, 8 November 2011Banning referral fees will have “no effect on legal costs” and instead make something that is “currently reasonably transparent into something totally opaque”, the architect of the claims management regime has warned MPs.
Tags: claims management companies, referral fees
Posted in Latest news
MPs reject Straw’s bid to back up referral fee ban with criminal sanctions
Wednesday, 2 November 2011MPs last night rejected a bid by former justice secretary Jack Straw to make paying referral fees in personal injury cases a criminal offence. Debated during the report stage of the Legal Aid, Sentencing and Punishment of Offenders Bill, they voted 302 to 208 against.
Tags: claims management companies, Legal Aid Sentencing and Punishment of Offenders Bill, referral fees
Posted in News
Talk about a low impact
Tuesday, 1 November 2011The raging referral fee debate – set to hit Parliament today – is focused mainly on claims arising from low-impact car accidents. So it seems fitting that the two impact assessments released by the government yesterday to justify the ban are similarly low powered. We can tell the Ministry of Justice is on shaky ground when it admits that instead of hard evidence, the assessment “provides some anecdotal evidence received from various sources”.
Tags: claims management companies, referral fees
Posted in Blog
CSC threatens government with judicial review over referral fee ban
Tuesday, 1 November 2011The Claims Standards Council, the trade body for claims management companies, has threatened the government with judicial review if it presses ahead with its proposed ban on referral fees in personal injury cases.
Tags: claims management companies, Legal Aid Sentencing and Punishment of Offenders Bill, referral fees
Posted in News
Will the separate business rule ruin CMCs’ plans to become ABSs?
Monday, 31 October 2011I spoke at a conference organised by the Claims Standards Council earlier this year in Manchester on applying to become an alternative business structure. Inevitably the main topic of the conference was the Jackson reforms and the (then) possible threat to referral fees. The organisers thought that the impact of the reforms might lead many claims management companies to consider becoming an ABS by acquisition or merger with existing law firms or by developing an in-house legal function.
Tags: ABS, Alternative business structures, claims management companies, separate business rule, Solicitors Regulation Authority
Posted in Features
CMCs warned over major ABS hitch amid call to close referral fee ban "loophole"
Monday, 31 October 2011Claims management companies looking to create legal arms as ABSs could fall foul of Solicitors Regulation Authority rules, a former SRA director has warned, while a leading insurance lawyer cautions over a loophole in the referral fee ban.
Tags: ABS, Alternative business structures, claims management companies, referral fees, separate business rule, Solicitors Regulation Authority
Posted in Alternative business structures, News