Archive for December 18th, 2012

Tour Report #17:  The Jackson Reforms and costs with Sue Nash

“Let there be no doubt about it, the reforms will come into force next

“It would not be an exaggeration to say that from my perspective costs management is the key to the Jackson reforms.  If it succeeds the reforms will succeed.  If it doesn’t, then we run a risk that costs will unnecessarily and otherwise avoidably increase and the reforms will fail”.

“I do not want to give the impression that I do not have faith in the reforms.  It might seem that I am already expecting disaster.  That is very far from the case. But one has to be realistic”

Lord Dyson MR

Today, I am talking with Sue Nash of Litigation Costs Services at the offices of Kysen PR in London.

The Jackson Reforms – in particular the issue of costs and retainers.

1.  A brief overview of the main aspects of the reforms – Costs Management/Budgeting, Provisional Assessment, new proportionality rule, new/revised funding arrangements i.e. DBAs/CFAs and the referral fee ban
2. Costs management/budgeting – how it is supposed to work and what firms need to do to prepare for it – analysis of historic ‘data (work) and recording and planning future work – need for specialist input from costs specialists – using them as part of the litigation team/process.
3. Provisional assessment – likely impact will be to discourage firms from seeking oral hearings to dispute the PA.
4.       Retainers
5.       Round-up – all reforms supposed to be looked at together and taken as a package – overall impact on Claimant PI firms/departments likely to be a fee income reduction of between 25 and 50% over the next 2-3 years (higher value cases will be less affected).  Get in expert help and spend time now – they need to know if their current business models are viable going forward and if not need to change them.

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Guest Post: Making a successful personal injury claim
Ward & Rider

Whether you have suffered an accident at work, on the road or anywhere else that simply wasn’t your fault you are likely to be able to make a personal injury claim. These claims are usually handled on a no win no fee basis which means that in the case of an unsuccessful claim you won’t have to pay a penny. As long as you choose the best lawyers for the job the process is very simple.

First Consultation
You will begin the process of making a personal injury claim by sitting down for a first consultation with your lawyer. You will be asked to describe in detail the nature of the accident and for any evidence that you may have that another party was responsible. Any photos you may have of the site of the accident or witness that may be able to come forward to corroborate your story may be very helpful.

A letter of claim will then be sent to the defendant to make them aware of your intent to make a personal injury claim for injuries for which they are at fault. A medical expert will then be instructed to carry a full check of your health to determine the extent of the injuries caused by the accident. A schedule of loss listing is then prepared detailing the financial losses you are seeking compensation for. These documents will then be sent to the defendant asking them to pay.

An Accepted Claim
If the other party accepts the claim and liability for the accident your lawyer will then be in a position to negotiate the compensation you will receive. This can be a fairly lengthy process with both sides looking to get the best deal they can. Once you have agreed an amount the compensation will be paid along with the cost of your legal representation.

A Disputed Claim
If the defendant and their representation reject your personal injury claim or a settlement cannot be reached the claim will then be taken to court. Once both sides have made their cases the court will decide whether you are deserving of compensation.

If the court decides in your favour and compensation cannot be agreed they will fix the amount that you will receive in addition to lawyer’s costs. If you ultimately lose the case in court no compensation will be paid and you will not be required to pay a penny.

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