Details of proposals to extend the portals to EL & PL cases
Wednesday 22 May 2013 07:22 PM
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On 27 February 2013, the Government announced its decisions with regard to the implementation of the extended Road Traffic Accident (RTA) scheme. Accordingly, amendments to the fixed recoverable costs (FRC) regime in respect of the existing scheme (RTA up to £10,000) began on 30 April 2013.
The remaining changes will be implemented from the end of July 2013. These comprise:
These documents are still subject to final approval by the Civil Procedure Rule Committee and might be subject to minor change.
For details including all the new forms and protocols CLICK HERE
The remaining changes will be implemented from the end of July 2013. These comprise:
- the introduction of new protocols extending the scheme to £25,000 and to Employers’ Liability (EL) and Public Liability (PL) and the accompanying FRC regime; and
- a new FRC regime for cases falling out of the extended protocols.
These documents are still subject to final approval by the Civil Procedure Rule Committee and might be subject to minor change.
For details including all the new forms and protocols CLICK HERE
Comments
CCMCC - Have you got a horror story?
Wednesday 22 May 2013 06:50 PM
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I will be attending the first court user meeting as a representative of The Law Society of England & Wales on 17th June 2013. It would be helpful if practitioners that have suffered poor service provide details to me in advance of the meeting.
Please contact me if you have a horror story. The more cases that I can take with me, the more likely it is that I can do something to help improve service.
I look forward to hearing from you!
Use the CONTACT ME link at the top of my website www.keithetherington.co.uk to get in touch.
Please contact me if you have a horror story. The more cases that I can take with me, the more likely it is that I can do something to help improve service.
I look forward to hearing from you!
Use the CONTACT ME link at the top of my website www.keithetherington.co.uk to get in touch.
UPDATE - Amended model CFA
Wednesday 15 May 2013 12:35 PM
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I received dozens of emails from practitioners worried about the Law Society's model CFA. The document has been reconsidered by the QC that prepared it and the specialist working group. A few minor amendments were made.
The new agreement and guidance can be found here:
http://www.lawsociety.org.uk/advice/articles/civil-justice-reforms-update/
The new agreement and guidance can be found here:
http://www.lawsociety.org.uk/advice/articles/civil-justice-reforms-update/
New Law Society Model CFA published
Wednesday 27 Mar 2013 05:02 PM
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After weeks of effort by the working group and advices from counsel, The Law Society's model conditional fee agreement has now been published.
The DBA will follow soon. I'll post it as soon as I get it.
http://www.keithetherington.co.uk/downloads/index.html
The DBA will follow soon. I'll post it as soon as I get it.
http://www.keithetherington.co.uk/downloads/index.html
10 ways to assist Salford Business Centre
Sunday 10 Mar 2013 08:14 PM
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The managers of the County Court Money Claims Centre at Salford have asked for users (especially solicitors) to assist them in improving service. They say that making simple changes to the way solicitors interact with the CCMCC will save significant amounts of staff time and thereby improve service for everyone.
As ever, I am interested to hear from solicitors as to their experience of the CCMCC. Do get in touch with me if you have any problems.
The CCMCC managers have written a top 10 of things that solicitors can do to help. I realise that lots of firms do these already, but there seems to be many that don't. Please read request below and see if any or all of these can be incorporated into your firm's procedures.
THE FOLLOWING IS FROM THE COURT MANAGERS AT CCMCC, for a printable version, CLICK HERE:
As ever, I am interested to hear from solicitors as to their experience of the CCMCC. Do get in touch with me if you have any problems.
The CCMCC managers have written a top 10 of things that solicitors can do to help. I realise that lots of firms do these already, but there seems to be many that don't. Please read request below and see if any or all of these can be incorporated into your firm's procedures.
THE FOLLOWING IS FROM THE COURT MANAGERS AT CCMCC, for a printable version, CLICK HERE:
Help the County Court Money Claims Centre Help You
CCMCC is working very hard to improve the service it delivers to its customers. There are a number of process improvements which we are making to further benefit our customers.
As part of this work we have identified ways in which customers can help us. This will allow staff to concentrate on delivering the best possible service for you.
CCMCC is working very hard to improve the service it delivers to its customers. There are a number of process improvements which we are making to further benefit our customers.
As part of this work we have identified ways in which customers can help us. This will allow staff to concentrate on delivering the best possible service for you.
- Filing Documents by Email
CCMCC receives over 1000 documents to the e-filing address each day which need to be sorted. It would help us if you:
Include in the subject line of the email what document the email contains and the case number it relates to e.g. 'Defence 2YJxxxxxx' Acknowledgment of Service 2YJxxx etc. Please do not just say 'see attached' as this takes longer to sort.
Only send in documents which do not require a fee (unless you are a payment by account customer or a contact number is provided to take a credit/debit card payment)
Only send in documents which are smaller than 2MB.
Send all relevant documents for a case in one email rather than multiple emails.
- Duplicate Documents
CCMCC receives in excess of a 1,000 duplicate documents each week which wastes staff time and increases the time taken to process claims, defences etc. It would help us help you if you only send a document using one method of fax, email, post or DX. During a recent exercise we found that out of 2269 defences received 339 (15%) were duplicates.
- Solicitor Service
When sending in claims which you would like returned for you to serve it would be helpful if the claim form could be clearly marked 'SOLICITOR SERVICE'. We can provide you with a stamp if that would be helpful. Please contact us at ccmcccustomerenquiries@hmcts.gsi.gov.uk
- Stopped Cheques
Since the launch of CCMCC we have had to chase more than 1100 stopped cheques totaling over £223k.
Each Refer to Drawer/Stopped Cheque initially takes a member of staff time to process and considerable effort is spent recovering the money from solicitors.
If you feel the need to send in a duplicate piece of work and fee for processing, you should wait 28 days before stopping the initial cheque. If you subsequently realise that both cheques have been cashed please write in and request a refund. We aim to ensure all refunds requests are processed promptly and efficiently.
PROVISION OF DETAILS:
- Solicitors sometimes quote different address/reference on their covering letter than on their claim form. If possible please ensure they match.
- It would help us if you are specific in naming the 'Preferred Court' on the N1 Claim Form or Allocation Questionnaire. Do not put 'claimant's home court' and do not put a choice by saying for example 'Manchester or Stockport' leaving staff to make the decision. If you decide, you will get what you want.
- Please provide complete names/addresses for all the parties. This is often not done and means either the claim will be returned or staff have to telephone the solicitors for the information which takes time.
- DEFENCES: It would be helpful if solicitors could clearly state whether or not they have served the defence on the claimant. This would save time on unnecessary photocopying defences to send out to the claimant.
- ENFORCEMENT: Please remember that CCMCC cannot deal with attachment of earnings, charging order, third party debt or order to obtain information applications. Any applications received will be returned.
- When sending in claim forms it would be really helpful if you did not staple all the N1s (or other documentation) together as staff have to remove all staples in order ensure the documents are in the correct order to serve.
Law Society Costs Update Roadshows
Tuesday 26 Feb 2013 03:48 PM
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Roadshows are coming to a town near you to provide an update on the new rules.
FREE for members of The Law Society's Civil Justice Committee otherwise £15
FOR MORE DETAILS AND FOR BOOKING FORM CLICK HERE
4 March - London
5 March - Norwich
5 March - Cambridge
6 March - Colchester
11 March - Cambridge
12 March - Southampton
12 March - Brighton
13 March - Exeter
13 March - Bristol
14 March - Cardiff
5 March - Norwich
5 March - Cambridge
6 March - Colchester
11 March - Cambridge
12 March - Southampton
12 March - Brighton
13 March - Exeter
13 March - Bristol
14 March - Cardiff
19 March - Leeds
20 March - Manchester
20 March - Nottingham
21 March - Birmingham
20 March - Manchester
20 March - Nottingham
21 March - Birmingham
FREE for members of The Law Society's Civil Justice Committee otherwise £15
FOR MORE DETAILS AND FOR BOOKING FORM CLICK HERE
Law Society President seeks RTA examples
Tuesday 26 Feb 2013 11:50 AM
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After speaking to PI lawyers, Law Society President Lucy Scott-Moncrieff issued the following statement:
"I was in Manchester, visiting local firms, when news broke about Aviva’s proposal that motor accident victims should have to go to the driver's insurer when pursuing a claim before seeking legal advice. Outrage would not be too strong a word for my reaction, and those of the solicitors I met that day. I was instantly in touch with the office, and the chief executive, senior staff and I agreed that we would mount a major campaign to make sure that people understand the value of independent legal advice when they have been injured in a motor accident.
We immediately put out a press release and I was interviewed later that day on Radio 5 Live, the station that so many commuters and professional drivers listen to.
Please email me with any examples of egregious behaviour by insurers in dealing with motor accidents involving less serious injury that you would be happy for us to use as part of our campaign.
Apart from this unexpected issue, I had a productive time in Manchester, listening to the concerns and issues of those whom I met and talking about what we are doing at the Law Society, including our campaigning work on costs.
Personal injury was on the agenda throughout the two days, but there was also discussion about management structures and how firms are looking at merging in order to share back office functions but maintain their identity in their area and with their clients."
Please email Lucy at: president@lawsociety.org.uk
"I was in Manchester, visiting local firms, when news broke about Aviva’s proposal that motor accident victims should have to go to the driver's insurer when pursuing a claim before seeking legal advice. Outrage would not be too strong a word for my reaction, and those of the solicitors I met that day. I was instantly in touch with the office, and the chief executive, senior staff and I agreed that we would mount a major campaign to make sure that people understand the value of independent legal advice when they have been injured in a motor accident.
We immediately put out a press release and I was interviewed later that day on Radio 5 Live, the station that so many commuters and professional drivers listen to.
Please email me with any examples of egregious behaviour by insurers in dealing with motor accidents involving less serious injury that you would be happy for us to use as part of our campaign.
Apart from this unexpected issue, I had a productive time in Manchester, listening to the concerns and issues of those whom I met and talking about what we are doing at the Law Society, including our campaigning work on costs.
Personal injury was on the agenda throughout the two days, but there was also discussion about management structures and how firms are looking at merging in order to share back office functions but maintain their identity in their area and with their clients."
Please email Lucy at: president@lawsociety.org.uk
Practice Directions published by MoJ
Monday 25 Feb 2013 10:21 AM
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The long awaited practice directions have at last been published. To view them CLICK HERE
They apply from 1st April 2013.
They apply from 1st April 2013.
Draft RTA and EL/PL protocols published
Tuesday 19 Feb 2013 09:11 AM
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This email has been sent round by MoJ today. CLICK HERE for the draft protocols
The email:
In 2012 the Secretary of State asked the Civil Procedure Rule Committee to draft the protocols for the extension of the RTA Low Value PI scheme. A subcommittee was formed to undertake the task and drafts were prepared. In October 2012 the Master of the Rolls undertook a consultation on the drafts which concluded in November. Since then the subcommittee has met a number of times and have now finalised the drafts. These drafts are to be considered and signed off by the full Committee at their next meeting on 8 March. I attach a copy of each of the draft protocols for your information. Please note that as yet no further announcement has been made by the Ministry of Justice concerning implementation of the schemes.
The Law Society's Civil Justice Committee will be considering the draft protocols at its next meeting. If you have any comments to make, please let me know.
The email:
In 2012 the Secretary of State asked the Civil Procedure Rule Committee to draft the protocols for the extension of the RTA Low Value PI scheme. A subcommittee was formed to undertake the task and drafts were prepared. In October 2012 the Master of the Rolls undertook a consultation on the drafts which concluded in November. Since then the subcommittee has met a number of times and have now finalised the drafts. These drafts are to be considered and signed off by the full Committee at their next meeting on 8 March. I attach a copy of each of the draft protocols for your information. Please note that as yet no further announcement has been made by the Ministry of Justice concerning implementation of the schemes.
The Law Society's Civil Justice Committee will be considering the draft protocols at its next meeting. If you have any comments to make, please let me know.
Comments (1)
Law Society wins amendment to new CPR
Thursday 14 Feb 2013 06:43 PM
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Following representations from the Law Society to the Chair of the Civil Procedure Rules Committee (Lord Justice Richards) it has been confirmed that an amendment to the CPR will be made in March and implemented in April.
Despite the Law Society calling for several concessions, only one was accepted namely an amendment to the transitional provisions in CPR 44.3. The amendment will ensure that costs incurred before 1st April will be recoverable if they would have been recoverable under the pre-April 2013 rules.
To see the letter from the Law Society President and the response from Lord Justice Richards, CLICK HERE
Despite the Law Society calling for several concessions, only one was accepted namely an amendment to the transitional provisions in CPR 44.3. The amendment will ensure that costs incurred before 1st April will be recoverable if they would have been recoverable under the pre-April 2013 rules.
To see the letter from the Law Society President and the response from Lord Justice Richards, CLICK HERE
