SETTLEMENT AGREEMENTS IN PERSONAL INJURY
This piece first appeared in Claims Magazine
As the dysfunctional Jackson shamble stumbles on, albeit now being progressively overturned by Parliament, it is time to look to the future and a constructive reform of the personal injury system rather than the Jackson-cut-costs-whatever-the-cost agenda.
In employment cases, uniquely as far as I am aware in English law, it is not possible for parties finally to settle a matter without the employee taking the advice of a qualified solicitor, legal executive or barrister. Failure to do so means that the employee can take the money and still sue, which is an unattractive prospect for an employer.
Consequently the custom has grown up whereby the employer pays the legal fees of the independent solicitor instructed by the employee.
Such a scheme in personal injury matters would solve, at a stroke, the third party capture problem whereby insurers seek to do a deal direct…
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