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PIBULJ

Periodical Payments - Daniela Fusi, Simpson & Marwick

11/12/12. Periodical payments are a contemporary issue in light of the consultation currently being carried out by the Ministry of Justice on how to calculate an appropriate discount rate to determine multipliers for future loss. The consultation arises as a result of concerns that the current discount rate of 2.5%, set in 2001, does not in fact reflect the level of return a prudent investor could expect to achieve in the current economic climate. This is relevant in catastrophic road traffic accidents where damages in respect of...

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Obligations of Claimant Law Firms to Help in Preventing Fraud - Jason Peto, Parabis Risk Solutions

11/12/12. Everyone connected with the insurance industry has an interest in combating fraud. The increasing media focus illustrates that fraud, and its knock-on impact on insurers and consumers alike, is today’s big challenge. While some measures to tackle fraud may take a while to come into effect, others are already in our gift. Theywould be simple but welcome first steps and claimant lawyers hold the key.

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The BTE Myth Exploded? - Michael Williamson, Williamsons Solicitors

10/12/12. As the Government faces mounting criticism of its attack on the current civil justice funding regime, it will be interesting to see whether ministers continue to point to the existence and “potential” of before-the-event insurance (BTE). Emulation of what is held up as the German paradigm has long been advocated in the UK. In recent times it has been offered as the panacea by some of the architects of the present destruction of established funding models. In his annual report earlier this year, Chief Legal Ombudsman Adam Sampson was less enthusiastic, saying...

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The RTA Portal, Professor Fenn’s Review and the Extensions - Kate Parker, Civitas Law

10/12/12. The low value RTA Portal was introduced on 30 April 2010 with the aims of reducing costs and improving efficiency in RTA claims valued between £1,000 and £10,000, where liability is admitted. In Portal cases the standard civil court process is replaced with three set stages with fixed recoverable costs for each stage. An electronic portal is also used for the exchange of information. In January 2012, the Government announced that the scheme would be extended both...

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Editorial: The End of Claims for Breach of Statutory Duty? - Aidan Ellis, Temple Garden Chambers

09/12/12. One of the surprising features of legislation is that it remains possible for Parliament to enact significant changes whilst attracting very little attention and debate. I doubt the proposed amendment to the Health and Safety at Work Act 1974, contained within a late amendment to the Enterprise and Regulatory Reform Bill, has attracted as much attention in the media as it deserves. For personal injury lawyers, its effect could be genuinely dramatic. In short, the amendment would mean that...

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