FAIR DEALINGS IN PERSONAL INJURY CLAIMS BILL
Here are some ideas for cleaning up personal injury work and I have put them in the form of a draft Bill.
Any other ideas?
- It shall be an offence, punishable by up to two years imprisonment, for an insurance company to seek to settle a personal injury claim with its insured’s opponent direct, save as provided for by section 2.
- If a potential claimant enters a matter on the portal as a Litigant in Person then Section 1 shall not apply.
- It shall be an offence punishable by up to two years imprisonment for a solicitor to act for a client with Before-the-Event insurance where that solicitor knows, or should reasonably have known, that that client has been deprived of freedom of choice of solicitor by that BTE insurance company.
- It shall be an offence punishable by up to two years imprisonment for a BTE insurer to seek to persuade its insured to go to a solicitor of the BTE insurance company’s choice.
- It shall be an offence, punishable by up to two years imprisonment for a solicitor to place a matter on the portal without the written instructions so to do from the claimant.
- A representative who does not physically meet with a client shall not be able to recover costs.
- A solicitor paying a referral fee in a personal injury case shall be struck off the Roll and be subject to imprisonment for up to two years.
- Any person who knowingly presents false information in any Parliamentary consultation shall be guilty of an offence punishable by up to two years imprisonment.
- No person, company or body of any kind which deals with personal injury work shall make a donation to any political party, or associated body, which exceeds £5,000.00 a year and anyone who does so shall be guilty of an offence punishable by up to five years imprisonment.
- If a defendant in a personal injury claim alleges fundamental dishonesty or fraud and fails at trial to substantiate that allegation then the court shall increase general damages by 100% and shall award the claimant costs on the indemnity basis and shall increase those costs by 100%.
Please see my following blogs:-