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Accident in Public Places

If you have been injured in an accident in a public places you may be entitled to claim compensation. This can include injuries sustained from tripping on a loose paving slab or pothole, slipping on a wet floor in a shopping centre, bank, restaurant or other public place or sustaining injury from a falling roof tile or branch.

There is a duty of care placed on any public or private company or organization to ensure that all people who visit their land or premises are reasonably safe. Local Authorities also have a duty to maintain and repair the highways.

If you are injured on private property such as in a bank, supermarket or restaurant the companies insurance will cover the claim. If you are injured on public property such as a footpath, pavement or park the local authority will cover the claim.

What can you claim?

Compensation for your injuries
Any reasonable financial losses that were incurred as a direct result of the accident

What can we do for you?

We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your claim
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will help you ensure that you receive the maximum compensation for your injuries.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

What steps can you take to minimise any dispute and maximise your chance your chances of success?

To help your case, you should take names, addresses and telephone numbers of any witnesses to incident.

If you suffer financial losses as a result of your accident you should ensure that you keep all receipts, invoices and other documents that may support your claim.

Most importantly do not delay in calling us, as you must submit your claim within three years following the accident. If you do not issue your claim in court within 3 years your claim will be statute barred and you may not be able to claim the compensation to which you are entitled.

Call now to start your claim�

ibrahimi

"My claim was dealt with very well - there was no unexpected problems"

ibrahimi

"My claim was dealt with very well - there was no unexpected problems"

Pitfalls of Hire Cars

If you are unfortunate enough to have been involved in an accident and it was not your fault, it is important that you are aware of the costs involved with a hire car. Most people are under the assumption that the hire car is provided free of charge when in most circumstances this is not the case. Under 3rd party cover, there is generally no insurance cover for a hire car. This is rarely pointed out to customers who are then left to foot the bill which in some cases can amount to over £10,000. The other side will on occasion pay some money towards the cost of hire cars and if the matter proceeds to court, the Court will only award what is reasonable, and not what is the total cost. People need to be fully aware of the extortionate costs involved before they sign on the dotted line.

Football + Love = Money

The Court will, in certain cases, award an additional element for loss of congenial employment. This area was considered in the case of Morris v Johnson Mathey & Co Ltd in 1967 in which the Judge stated:

"The joy of the craftsman in his craft is beyond price. But the Court has to give some monetary value to the loss of craft. The Court should give consideration to the fact that the craftsman had to replace his craft with humdrum work."

In Appleton v Medhat Mohammed el Sasty (2007) the footballer had been a professional footballer when he suffered an injury. The surgeon negligently treated the footballer who was unable to continue to play professional football. When assessing his damages, the footballer was awarded an additional £25,000 for the loss of, what many people would consider to be a dream job. This award is at the highest end of the bracket, however this additional award is becoming more common and there are many examples of firemen and police who claim under this bracket.

N saini

"I am very happy with the way my claim was handled...I would not hesitate to recommend them to a friend or relative"

RTA

"I am very happy with the service and outcome I received"

Solicitors v Claims Management Companies

There is growing concern amongst the public after reports of people being ripped off by unscrupulous claims management companies. Some people feel that they have not received the compensation they deserve and others have been alarmed to find that they have taken out loans to cover insurance costs without realising it. Whilst the government has implemented steps to regulate claims management companies in the form of a new Compensation Bill, there is still some way to go.

One of the reasons for instructing a solicitor from the outset is that solicitors are regulated. All activities are regulated by the Law Society who set down stringent codes of conduct which all solicitors must abide by. It is therefore a good idea to consult a solicitor rather than a claims management company, who can advise you for free as to whether a claim has any merit and whether it is worth pursuing. - a solicitor has a duty to act in the best interests of all their clients and potential clients and will advise you as to the best way to go about resolving legal issues.

More importantly than this, the fact remains that a claims management company is ultimately unable to litigate a claim. Whilst they rake in the claims and initial enquiries, all claims are eventually passed to solicitors. So why bother with the claims management companies in the first place?

We set out below how to instruct a solicitor and important points to bear in mind while doing so. There is little point having to pay a claims management company for passing on your details to a solicitor but it is worth ensuring that you instruct the best solicitor for you.

First Steps

A solicitor will advise you as to the viability of pursuing a claim. They will firstly consider Limitation. If you make a claim for personal injury then you will have three years from the date of the accident or the date that the wrong occurred to make your claim. If a claim is not made, then it will be statute barred and whilst it is possible to continue with the claim (a fact of which your solicitor must advise you) it is difficult to overcome Limitation without extremely good reason.

A solicitor will also consider the potential defendant in the case and whether it is worth pursing a claim against them. For example, you may have a good case, but if the defendant cannot be found or is bankrupt then there may be little point in pursuing a claim against them. A solicitor will advise you of the merits of pursing a claim and whether there are any ways around problems such as these.

As the claimant, it is up to you to prove that your version of events is true on a balance of probabilities. Your solicitor will consider whether there is any evidence and whether the defendant was in fact negligent.

Funding the claim

It is said that the no-win-no-fee (conditional fee agreement) should be the last resort. Under Rule 15 Solicitors Practice Rules 1999 the solicitor should explain to you all the possible methods of funding your case. This will included checking your household insurance and credit cards for legal expense cover.

Your solicitor should also explain to you the difference between your own solicitor�s costs and costs which may be awarded to the you if you win the case. It is important that your solicitor explains to you that if you lose the case you may have to pay your own solicitor's costs and your opponent�s costs. However, this risk may be covered by insurance. If you already have legal expense cover as part of your household expense or credit card insurance then this risk may already be covered. If not then legal expense insurance can be purchased and many companies allow claimants to defer payment of the premium until the outcome of the case. However, if you lose the case then whilst you may not have to pay your own solicitor�s costs, you may still incur your opponent's costs. It�s not all bad news though because most solicitors will have undertaken a stringent risk assessment of your case before advising you to pursue a claim and an insurance company may absorb the risk that if you lose the premium will not be recovered so that you will not have to pay anything. We are able to offer this to our clients as we have arrangements with insurance companies so that if you lose you will not have to pay anything. This is a service which claims management companies simply cannot offer as they are not able to undertake stringent risk assessments and as they are not regulated they are not trusted by the insurance industry to do so.

All of this information should be explained to you in a client care letter, sometimes known as a rule 15 letter. The letter should also cover other important aspects designed for your protection such as who to complain to if you are dissatisfied with the service you are getting.

Conditional Fee Agreements

This is commonly known as the no-win-no fee agreement. In essence, this means that if you lose the case you will not have to pay your own solicitors costs. However, you may still have to pay the other side�s costs. As explained above, the usual way around this is to purchase a legal expense cover (if you do not already have one).

It is important that your solicitor explains the entire agreement to you either in person or over the telephone. You should only sign the agreement once you are satisfied that you understand it all.

Legal Expense Insurance

Funding litigation can be a daunting prospect. However, usually it will follow two routes. If you have legal expense cover, either as part of your household insurance or credit card cover, then this will be used to cover the uncertainty of having to pay the other sides costs should the case be lost.

If you do not have legal insurance cover already in place, then you can purchase a cover. This is known as after-the-event insurance and the premium is recoverable from the other side if you win. As stated above, even if the case is lost there will usually be an arrangement in place so that nothing is payable by you.

Disbursements

In addition to your solicitor�s costs there are other expenses involved in litigation known as disbursements. These are court fees, fees for medical reports and the fees for hiring a barrister should the case proceed to trial.

All of these costs are recoverable from the other side. However, as for solicitor�s fees, in the event that the case is lost, it will be your responsibility as a claimant to pay them. As before though, this uncertainty is usually overcome by purchasing insurance.

Checklist

The following points are useful to have in mind when you instruct your solicitor

- Have they listened to you properly and advised you as to whether there is any merit in your claim?
Have you explored all possible methods of funding your case?
- Has your solicitor confirmed your instructions in writing and provided you with a rule 15 letter?
- Has your solicitor explained to you how your case will be funded?
- Has your solicitor explained the no-win-no-fee agreement to you satisfactorily?
- Do you have insurance in place to protect you should you lose the case?

An update on CICA claims
Introduction

The Criminal Injuries Compensation Scheme hit the headlines once more after the government published a consultation paper (Rebuilding Lives: Supporting Victims of Crime) with proposals to reform the scheme. Under the current scheme, victims of crime are awarded a sum of money to compensate them for their injuries.

The Criminal Injuries Compensation scheme last hit the headlines recently after the tragic events of July 7th when terrorist attacks left many people seriously injured and the length of time taken for a victim to receive their award � an average of 39 weeks.

The scheme deals with claims made by victims of crime on or after 1st April 2001 and the new proposals will not be retrospective if and when they come into force.

The Current Scheme

To be eligible for an award the claimant must have sustained a criminal injury. The injury must have been suffered in Great Britain and unless good reason can be shown otherwise the application must be made to the scheme within 2 years of the incident.

The CICA may also reduce or withhold an award in its entirety if it is shown that the victim did not cooperate with the police and/or their conduct before, during or after the attack will also be considered.

The scheme adopts a tariff system that takes into account the severity of the injuries as well as the number of injuries the victim has suffered. In this way, awards are made uniformly and the scheme is seen to be fair.

Compensation can also be made for loss of earnings (although not for the first 28 weeks), special expenses and for fatal accidents. There is a maximum award of £500,000.00.

Proposals

The new proposals aim to offer practical help and to reduce the �victim� culture that the scheme is seen by some to encourage. One of the main aims is to reduce the number of awards and amount of awards offered to victims of less serious crimes and to increase the pot for victims of serious crimes.

The definition of �serious� will have to be carefully considered, as this will be a contentious issue. The Times reports that one potential definition is �a physical or mental impairment that has a substantial and long-term adverse effect on a person�s ability to carry out normal day-to-day activities�.

The CICA will not be subject to any extra funding from the government in the future and therefore by reducing the amount of awards for less serious injuries, the government hopes to free up more money for the victims of more serious crimes.

Victims of less serious crimes will be offered medical treatment, more secure locks on their houses and therapy to help them to deal with their ordeal. This will obviously cost money and the cost saving advantages of these measures will have to be balanced in order for the new proposals to be advantages and money saving.

The cap on compensation of £500,000.00 will also be removed allowing for greater awards for those injuries deemed serious enough.

Another proposal aims to shift the onus from the government to employers for those victims of crime at work. Many public sector workers such as hospital workers and the police force are subject to violent criminal attacks during the course of their employment.

The government�s consultation paper propounds the idea that the scheme could discourage some employers to create and maintain a safe working environment for its employees. They advocate that it is the employer who is best placed to ensure that an employee is safe at work and to put in place systems to minimise risks to them.

Currently the law states that an employer is under a common law duty to take reasonable care for the safety of its employees. An employer is also subject to several statutory duties and health and safety regulations, which govern how an employer should implement safe systems of working.

It will be interesting to observe how the fear of financial implications will drive employers to take further care for their employee�s safety � if forced to pay out compensation for random criminal acts insurance premiums could also rise greatly. The impact on small businesses could be particularly great.

PERSONAL INJURY AND PROPERTY LITIGATION
PERSONAL INJURY AND PROPERTY LITIGATION

BACKGROUND

During the �70s and �80s successive governments of either persuasion continued to reduce eligibility for legal aid leaving a vast chunk of the public to pay for legal advice.

It was felt by many that access to justice was restricted to either the very rich who could afford to pay privately or those who qualified for legal aid.

There had also been pressure on successive governments to reduce the legal aid budget. This culminated in legal aid being removed for all personal injury litigation in January 2000. In order to increase access to justice, legislation was introduced which ran in tangent with changes in the Civil Practice Rules. It was believed that this would encourage early settlement of disputes and increase the band of population who could have access to legal advisers.

In April 2000 regulations were brought in enabling litigants to instruct legal advisers on what is now known as a no-win no-fee basis.

In 1998 Civil Procedure Rules were introduced. These brought in a number of new concepts. At the same time pre-action protocols were introduced in many areas of civil disputes. One of the first protocols brought in was in relation to personal injury litigation.

The Rules also brought in a concept of allocating civil claim to a track. There are 3 tracks and the selection of the appropriate track is generally governed by the financial value of the claim, disregarding interest, cost and contributory negligence.

(i) Small Claim

A small claim is one:-
(a) which has a financial value of no more than £5000;

(b) where any claim for personal injury the financial value of the claim is not more than £1000.

(ii) Fast Track Claim

A fast track claim is one where financial value of the claim does not exceed £15,000.

(iii) Multi Track Claim

A multi track is a normal track for any claim for which the small claims track or fast track claim is not a normal track. Thus any claim in excess of £15,000 in financial value is deemed to be a multi track claim.

The small claim track is designed to encourage litigants to take their own cases to the courts. The way in which this is facilitated is on the recovery of costs. It is fundamental principle of English law that costs follow events. Thus where a party is successful the opponent is ordered to pay the successful party�s legal costs. In the small claims track the successful party�s entitlement to recover costs is limited to the cost of issuing the summons and fixed cost. These are insignificant.

In fast and multi track claims the successful party will recover their legal costs on the standard basis. This means that the successful party will recover all reasonable costs reasonably incurred. The costs includes cost of successful party�s lawyers� fees, the expense of investigating and pursuing the claim. Expenses would include barrister�s fees, medical expert fees, liability expert fees, expense of obtaining GP and hospital records and police accident reports. It follows that in a personal injury case involving financial value in excess of £1000 the claimant will recover the cost and expense. (See below).

CONDITIONAL FEE AGREEMENT

The Access to Justice Act brought in the concept of Conditional Fee Agreement. It is a principle of English law that a successful party can only recover its legal cost if there is a written agreement between it and the legal adviser. Since 1 April 2000 a litigant can retain services of legal advisers under a Conditional Fee Agreement. Under this agreement the client agrees to pay his advisers� fees but this liability does not arise unless the claim is successful. This is commonly known as no-win no-fee. Success is defined as settlement in negotiation or at trial.

In order to recover the costs the litigant has to show that he/she has entered into a Conditional Fee Agreement with the advisers. We enclose a draft Conditional Fee Agreement commonly used.

A successful claimant is entitled to recover from the losing party the following:-

1. Basic Costs

These are costs charged by the solicitor on an hourly basis. The time spent on the file is calculated on an hourly basis with letters out and telephone calls charged separately. Letters and telephone calls are charged by dividing the hour into a unit of 10 with each telephone call of less than 6 minutes and a letter out charged at one-tenth of the hourly rate.

2. Success fee

As the adviser would not be paid by the client unless the claim is successful a concept of success fee was introduced in April 2000. Thus apart from basic costs the adviser is entitled to charge a success fee to the client. This is a mark-up on the hourly rate. The maximum success fee is 100%. The success fee is determined by the adviser at the initial stage of instruction. A number of factors are taken into account in arriving at a figure of success fee.
The Court of Appeal recently adjudicated on the claimant�s right to recover success fee and the percentage of it where claims are settled before commencement of the proceedings. It held that in straightforward road traffic accident cases the claimant�s advisers could not justify a success fee in excess of 20%. However it did not lay down rules that 20% or more could not be charged by claimant advisers.

3. Premium for After the Event Insurance

Where claims were pursued with the benefit of public funding the successful party used to get an order for costs but there was always a qualification that such order for costs could not be enforced without leave of the court. This was often known as the �Pools� Order. In practical terms this had very little benefit to the insurance industry. It was never practical to keep a file open to be able to return to the courts to seek leave of it to enforce the costs order.

A claimant runs the risk of having to pay the opponent�s costs in the event that a claim having been started is abandoned, discontinued or lost at trial i.e. the concept of costs following events.

In addition to basic costs and success fee a successful claimant can also recover the premium paid for an after event insurance. There are a number of providers of this in the market. We have experience of buying this cover from Amicus Legal Limited.

The Court of Appeal recently confirmed the claimant�s entitlement to premium even on claims settled without issue of proceedings and within the pre-action protocol period of 3 months. The paying party�s right to challenge the amount of basic cost, success fee and the premium remains unaltered.

DISEASE LITIGATION - FIXED FEES
DISEASE LITIGATION - FIXED FEES

The news that an agreement had been reached on fixed recoverable success fees for employers� liability disease cases was widely welcomed by the legal profession1 . The agreement will be implemented by the Civil Procedure Rule Committee and will be implemented in October 2005.

The new agreement will fix the success fee paid by a defendant�s insurer to the claimant�s solicitor or barrister where they are funded by a conditional fee agreement (�no win no fee� agreement).

The agreement follows two similar schemes for Road Traffic Accidents and Accidents at Work cases and is a positive move which will set in stone the question of success fees in one more area where liability is agreed.

Provisions of the Agreement2

27.5 % success fees in claims arising from asbestos related diseases (or 30% if the claim falls under s.30 Access to Justice Act)

62.5 % success fees in claims arising from deafness, vibration white finger and other diseases except stress and repetitive strain injury cases

100% success fee in claims arising from stress and repetitive strain injury.

Counsel�s fees should follow the same basic structure as for RTA and employers liability cases with the following success fees:

Fast track

14 days or less before trial � 50% for asbestos claim, 62.5% for deafness etc and 100% for RSI & stress

The relevant success fee applicable to solicitors for claims that conclude more than 14 days before trial

Multi track

21 days before trial � 75% for asbestos and deafness etc and 100% for RSI and stress cases

The relevant success fee applicable to solicitors for claims that conclude more than 14 days before trial

Parties can seek to escape the fixed success fee provisions and seek an alternative success fee if the claim is greater than £250,000.00

The need for an exceptionality clause and its precise working with regard to test case litigation will be discussed over the next few months. Therefore, the main part of the agreement as above would come into force in October 2005 with the remaining exceptionality provision, if appropriate, implemented in April 2006.

Implications
The flexibility of the new agreement means that it will be possible to recover success fees depending on the type of claim being bought.

The aims of the new agreement are to detract from the focus on costs, leaving the courts to focus on dealing with cases on their merits rather than the costs involved3 . Whilst some commentators argue that the fixed fees do not take into account the volume of work involved in investigating cases4 for the majority of cases more structured environment will prevail.

The outstanding issue of exceptionality is yet to be finalised and may not be implemented until 2006 which has disappointed some including APIL�s president Allan Gore QC. The fact that the agreement has not been wholly concluded has left a residual uncertainty in some areas, where some commentators have suggested that the risk profile in test cases has the potential to change overnight. The exceptionality clause will therefore play a vital role in removing those cases affected by test cases from the provisions of the scheme.

Insurance
The conditional fee market is strongly linked to the insurance market and in particular, the availability of competitive after-the-event- insurance (AEI).

Generally, policies are either individually underwritten or issued under delegated authority. Policies arranged under delegated authority provide for automatic cover on the basis that the insurance company has already assessed the firm. Individually underwritten policies are issued on a case-by-case basis.

The defendant�s insurer will also benefit from the new scheme. There will no longer be any uncertainty regarding the success fee which many claimant solicitors do not divulge in order to conceal their assessment of the cases chances of success.

Clearly, the immergence of the fixed recoverable success fee in most disease cases has implications for the insurance market. Except for those cases subject to the exceptionality clause, policies can take on a more structured format and the risk will be reflected in the fixed fee from the outset.

For more information contact aah@hafezis.com

1. Gazette, 7th July 2005
2. Civil Justice Council , Press Release, 1st July 2005
3. Lord Phillips of Worth, Master of the Rolls, Head of the Civil Justice Council
4. Gazette, 18th August 2005, Jon Robins

Fixed Costs Are Here at Last
Fixed Costs Are Here at Last

The Civil Procedure Rules
As of 6 October 2003, any cases involving road traffic accidents having the value of £10000 or less that settle without issue of proceedings will be subject to fixed fees. These fees are set out in part 45.7 to part 45.14 of the 1998 Civil Procedure Rules (CPR).

The scheme will apply to all accidents that occur on or after 6 October 2003 (25A)PD.

The scheme provides a basic payment and a mark-up graded up to £10000.

Basic payment £800.00
£0 - £5000 20%
£5000 - £10000 15%

For example, a claim settled for £6500 will enable the claimant to recover fixed fees as follows.

Basic payment £800.00
20% of £5000 £1000.00
15% of £1500 £225.00
Total £2025.00

The rules also provide for a mark-up for claimants living in London and whose claims are handled by a London solicitor. London claimants will be entitled to a mark-up of 12.5%.

Thus a London claimant settling a claim for £6500 will recover the following.

Fixed fees as above £2025.00
12.5% of £2025 £253.13
Total £2278.13

Disbursements
The rules provide that the claimant will be entitled to recover disbursements in addition to the fixed fees.

Can the claimant contract out of the fixed fee regime?
A claimant wishing to recover an amount greater than the fixed figure can apply to the court for costs to be assessed.

The claimant will have to show that the case is exceptional and at the same time will have to give an indication of the amount of costs they seek to recover. If defendant or insurer wishes to challenge the assessment process, they must specify in the acknowledgement of service.

The court will then determine the issue. If it agrees with the claimant it will assess the costs or make an order for costs. If it considers the claim inappropriate, fixed costs will be recoverable instead.

Penalties for going through this process
If the costs are assessed as 20% greater than the figure prescribed, the defendant or insurer will have to pay the cost of the assessment.

If the costs assessed are less than 20% greater than the fixed costs, the defendant or insurer can pay the lower of the two figures, i.e. assessed costs or fixed costs, and the claimant will have to bear the cost of the assessment.

While this regime does not apply to the Trenwick cases we hope that the above figures will be of assistance to you. These formulas can be used when dealing with a claimant�s claim for costs on non RTA matters as an indicator of what would be reasonable recoverable costs. These are after all figures that were recommended and approved by Association of Personal Injury Lawyers (APIL).

Conditional Fee Agreements (No Win, No Fee)
Conditional Fee Agreements (No Win, No Fee)

Background
During the �70s and �80s, successive governments of of both parties continued to reduce eligibility for legal aid, leaving a vast chunk of the public no choice but to pay for legal advice.

It was felt by many that access to justice was restricted to the very rich who could afford to pay privately and the few who still qualified for legal aid.

Pressure on successive governments to reduce the legal aid budget continued. This culminated in legal aid being removed for all personal injury litigation in January 2000.

In order to increase access to justice, legislation was introduced which ran in parallel with changes in the Civil Practice Rules. It was believed that these changes would encourage early settlement of disputes and increase the proportion of the population who could have access to legal advice.

In April 2000 regulations were brought in enabling litigants to instruct legal advisers on what is now known as a no-win-no-fee basis.

The way for this had been paved to some extent by the introduction of the Civil Procedure Rules in 1998. These brought in a number of new concepts. At the same time pre-action protocols were introduced in many areas of civil disputes. One of the first protocols brought in was in relation to personal injury litigation.

The rules also brought in the concept of allocating civil claims to a track. There are 3 tracks, and the selection of the appropriate track is generally governed by the financial value of the claim, disregarding interest, cost, and contributory negligence.

The Small Claims Track
A small claim is one:
which has a financial value of no more than £5000;
where in any claim for personal injury the financial value of the claim is not more than £1000.
The Fast Track
A fast track claim is one where financial value of the claim does not exceed £15000.

The Multi Track
A multi track is the normal track for any claim for which the small claims track or fast track claim would not be appropriate. Any claim in excess of £15000 in financial value is deemed to be a multi track claim.

The small claims track is designed to encourage litigants to take their own cases to the courts. The way in which this is facilitated is through the recovery of costs. It is fundamental principle of English law that where a party is successful, the opponent is ordered to pay the successful party�s legal costs. In the small claims track the successful party�s entitlement to costs is limited to the cost of issuing the summons, plus a fixed amount. Both of these costs are negligible.

In fast and multi track claims the successful party will recover their legal costs on the standard basis. This means that the successful party will recover all costs reasonably incurred. The costs include the successful party�s lawyers� fees and the expense of investigating and pursuing the claim. Expenses would include barrister�s fees, medical expert�s fees, liability expert�s fees, and the expense of obtaining GP and hospital records and police accident reports. It follows that in a personal injury case involving financial value in excess of £1000 the claimant will recover costs and expenses. (See below).

Conditional Fee Agreements
The Access to Justice Act brought in the concept of Conditional Fee Agreements. It is a principle of English law that a successful party can only recover its legal costs if there is a written agreement between it and the legal adviser. Since 1 April 2000, a litigant can retain the services of legal advisers under a Conditional Fee Agreement. Under this agreement, the client agrees to pay his advisers� fees, but this liability does not arise unless the claim is successful. This is commonly known as no win no fee. Success is defined as settlement in negotiation or at trial.

A successful claimant is entitled to recover the following from the losing party.

Basic Costs
These are costs charged by the solicitor. The time spent on the file is calculated on an hourly basis with letters and telephone calls charged separately. Letters and telephone calls are charged by dividing the hour into 10 units, with each telephone call of less than 6 minutes and a letter out charged at one tenth of the hourly rate.

Success Fees
As the adviser would not be paid by the client unless the claim is successful, the concept of success fee was introduced. Thus, apart from basic costs, the adviser is entitled to charge the client a success fee. This is a mark-up on the hourly rate. The maximum success fee is 100%. The success fee is determined by the adviser at the first stages of instruction. A number of factors are taken into account in arriving at a figure for the success fee.

The Court of Appeal recently adjudicated on the claimant�s right to recover success fees, and the appropriate percentage where claims are settled before the commencement of proceedings. It held that in straightforward road traffic accident cases the claimant�s advisers could not justify a success fee in excess of 20%. However it did not lay down rules that 20% or more could not be charged by claimant advisers.

After the Event Insurance Premiums
Where claims were pursued with the benefit of public funding the successful party used to get an order for costs, but there was always a qualification that such an order for costs could not be enforced without leave of the court. This was often known as the �Pools� Order. In practical terms this was of very little benefit to the insurance industry. It was never practical to keep a file open in order to return to the courts and seek leave to enforce the costs order.

A claimant runs the risk of having to pay the opponent�s costs in the event that a claim, having been started, is abandoned, discontinued or lost at trial.

In addition to basic costs and success fees, a successful claimant can also recover the premium paid for after-the-event insurance. There are a number of providers of this type of insurance in the market. We have experience of buying this cover from Amicus Legal Limited.

The Court of Appeal recently confirmed the claimant�s entitlement to premium even on claims settled without the issue of proceedings and within the pre-action protocol period of 3 months. The paying party�s right to challenge the amount of basic costs, success fees, and the premium, remains unaltered.

Compensation Bill
Introduction.

The compensation bill was published by the government on 3rd November 2005 and will form the Compensation Act 2006 if passed. The bill�s focus is on the regulation of claims management companies who many feel have long been exploiting members of the public and giving them false expectations of large compensation payouts. The self-regulation of claims management companies has seen them stoop to levels that are unacceptable in order to generate enquiries. The government has now stepped in to regulate this area.

One of the main difficulties will be changing the public�s perception of what they can claim for and indeed in many cases, how they can make a claim. Whilst it has long been clear to solicitors and insurance companies alike that claims management companies can and do take advantage of members of the public, this is based on the public�s perception that claims management companies are on their side and solicitors are not.

Whilst the main incentive for the government to pass the compensation bill will be to shrink the 'compensation culture' and to fence in claims particularly those against public authorities, there is also an opportunity for solicitors firms and insurance companies to seize in order to benefit from the bill. Insurance companies will benefit from the governments attempt to shrink the blame culture which has seen the number of claims in recent years expand at an alarming rate as the public perceives that they need take no personal culpability for their actions. The irresponsible attitude of the public towards their own actions is surely based on the outlook that it doesn't matter if things go wrong because a claim for compensation can always be made and that idea is supported by claims management companies; they will take the chance to pursue a claim which has no merit in it because there is very little to lose and everything to gain. Whilst the U.K. has been derisory of the American compensation culture and stories of ludicrous payouts for self imposed accidents it seems that the U.K. is following suit.

The government has adopted a twofold approach to tackling these problems which is discussed below:

Part I - Government's Attempt to Limit Claims
Law of Negligence

The law of tort (civil wrongs) is one of the most complex and dynamic areas of law and is intrinsically linked to the development and progression of our society. One of the biggest factors which has influenced tort law recently is the expansion and increased sophistication of the insurance industry. The courts have made several important rulings in recent years based on the insurance position of the defendant.

In order to make a claim in negligence the onus is on the claimant to show that they were owed a duty of care, which has been breached, causing them loss. The standard of care owed by the defendant is a question of law whilst the question of whether the standard has been reached is one of fact. One important distinction to make is the difference between liability for positive acts and liability for omissions. In general, there will be no liability for a failure to act.

Desirable Activities

Part 1 of the compensation bill states that a court when considering a claim in negligence, may consider whether taking the steps necessary to reach the appropriate standard of care may prevent a desirable activity from being undertaken or discourage people from undertaking functions in connection with a desirable activity. This seems somewhat vague - what constitutes a 'desirable activity' is unclear and some commentators argue that this will only exacerbate the problem as the courts become inundated with test cases on this point .

The government's aim is to minimize the blame culture that is rapidly permeating our society, particularly when it effects public authorities; reports that schools have banned school trips and hanging baskets that are no longer allowed have prompted fears that the compensation culture is out of control.

It is important that potential claimants understand that they may not always have a claim even if the components of negligence exist. One of the main differences between claims management companies and solicitors is that some claims management companies will often give entirely inaccurate advice to potential litigants, raising false expectations as to their chances of success. As stated above, this is because claims management companies have almost nothing to lose by perusing a claim and everything to gain. This is unacceptable and there is a need for greater education of the public.

Part II - Claims Management Services

Provision of services
Part 2 of the compensation bill looks at claims management services in some detail. The basic premise is that claims management companies will now be regulated in order to protect the public from cowboys who do not have their best interest at heart. It is astonishing that no steps have been taken prior to this, especially after considering the stringent rules placed on solicitors.

The bill sets out that claims management companies must be regulated if they wish to:
 Provide financial services or assistance;
 Provide services by way of or in relation to legal services;
 Refer or introduce one person to another; or
 Make enquiries.

The bill has a clear proviso that expert services are not included in the above.

Regulation

It is clear that claims management companies need to be regulated. As Part 1 of the bill suggests, it is no coincidence that there is an increased public perception that compensation will be available for any untoward accident. Under the terms of the new bill, claims management companies will be scrutinized by a state appointed regulator who will ensure that:

 The claims management company is authorised; and
 The conduct of the company is regulated.

The regulator will promote the best interests of members of the public who use such authorised services. Interestingly, their function will also include promoting public awareness on the regulation of claims management services which may create a shift in the perception and use of solicitors firms from the outset of a claim as a result.

However, it seems that whilst this is a step in the right direction, the proposals fall far short of what is actually required. The regulating body is likely to be one which is already in existence which in effect means that claims management companies will be privately regulated. This is clearly undesirable as we have seen that self-regulation simply does not work.

Enforcement

If a person commits an offence in that they are not regulated, or hold themselves out as being regulated when they are not (specifically through advertising or promotional materials) then they will be subject to:

 Imprisonment;
 A fine; and/or
 Both.

Interestingly the bill refers to a 'person' so it remains to be seen how enforcement will be affected against corporate entities. The bill makes it clear that an offence is triable on indictment i.e. in the crown court in front of a jury which highlights the severe nature of this type of crime � it falls which murder, GBH and rape as the type of crime which can tried in the crown court. Whilst this message is clear, just how this will work in practice is not.

The defence which can be raised is that a person did not know and could not be expected to know they were committing an offence. This is a two part test, clearly it is not enough to say that a person did not know that they were committing an offence, as this subjective test is coupled with an objective test could not be expected to know and it will be interesting to see how the courts will interpret this in the future.

Conclusion

The bill is the first step in tackling the mounting problems created by claims management companies. Whilst not all claims farmers are exploitative, it has been clear for some time now that more needs to be done to regulate this industry. The insurance industry will become beneficiaries of the new bill if it does indeed reduce the number of claims which are being put forward in the hope that they will be settled regardless of whether there is any merit in them.

Whilst the government has taken some steps to tackle the issues surrounding personal injury litigation they have clearly not gone far enough. Whilst the courts must interpret all Acts, much of these proposals are vague and unsatisfactory and it remains to be seen how effective these proposals will actually be.

The insurance industry should use the compensation bill to take a more aggressive approach to dealing with claims. Claims management companies have created the perception that any claim is worth pursuing and in many cases this is true. By adopting a zero tolerance approach to these companies, the Insurance Industry can come out on top.

Occupational Stress Claims
Occupational Stress Claims

Workers in the U.K. work under increasingly stressful conditions. On average, they work more hours than workers in the rest of Europe and have increasingly hectic lifestyles. Although the Working Time Regulations 1998 are designed to protect the worker, they can opt in or out of these regulations so that the standard 48 hours of work per week can be extended.

As a result occupational stress claims have become more common in the U.K. In one of the first stress cases to reach the courts Sutherland v Hatton the court held that harmful levels of stress are likely to occur when a person feels powerless or trapped - this may occur when a person is moved into a role in which they are unfamiliar without the support or training they require or when workloads are so excessive that a person is constantly under stress.

As with all claims for personal injury, the onus will be on the claimant to prove on a balance of probabilities that they were owed a duty of care, which was breached causing damage/injury. Of course, psychological injury is rather more difficult to prove than physical injury and this is where the need for specialist solicitors and experts becomes important.

Recent Case Law

The case of Hone v Six Continents Retail is one of the most recently decided cases in this area. The Court of Appeal found unanimously in favour of the Claimant and dismissed his employers appeal. In this case the claimant, who was a pub manager had been working for excessive numbers of hours will little support.

The Court of Appeal held in the case that the test laid down in the Hatton case which further stated that a duty to take steps would be triggered when 'the indications of impending harm to health arising from stress at work must be plain enough for any reasonable employer to realise that he should have done something about it.

The case therefore supports the notion that a successful claim for occupational stress can be mounted from a breach of the Working Time Regulations.

Requirements

One of the major difficulties facing a claimant who wishes to mount a claim for occupational stress at work is that the government has not legislated specifically in this area. The cases of Petch v Commissioners of Custom and Excise and Walker v Northumberland County Council were amongst the first to recognise that the well established principals of employers liability also applied to claims for psychiatric illness arising from occupational stress.

There have been several seminal cases involving personal injury due to stress. The most well known is that of Walker v Northumberland County Council . This was one of the first successful claims for damages due to stress.

Of course many cases never reach the courts and are settled out of court. The appellate courts have therefore used the cases which have reached them to set down various requirements for occupational stress claims.

The claimant must have suffered an injury.
The injury must have been caused by stress at work.
The injury must be foreseeable
The claimant must show that the injury was the fault of the employer and could not have been avoided.
An employee feeling excess stress should alert their employer and/or union to the problem.

The courts have laid down the above requirements over a series of cases and these hurdles must be overcome in order to mount a successful claim. More often than not the injury to the claimant will be psychological and will usually be manifested in the claimant suffering a nervous breakdown or post traumatic stress disorder (PTSD). The claimant must also establish a causal link between the injury and stress at work - most of us suffer some degrees of stress outside the workplace due to bereavements, divorce or financial worries and the claimant must show that 'but for' the stress at work they would not have suffered any injury. In other words other sources of stress must be so small as to be negligible.

The courts have also held that in determining the forseeability of the injury, they will take into consideration the individual characteristics of the employee and the demands placed upon them by their particular employee. The indications of stress should be clear enough that a reasonable employer should be able to recognise them. The last requirement suggests that the claimant should inform their employer and/or union that they are suffering.

Costs

It has been accepted that a 100% success fee can be charged in stress cases. This is due to the fact that the level of success fee must reflect amongst other factors, the complexity of the issues and as stress cases are notoriously high-risk cases, this can be justified. In the Hone case the court held that they wished to consider whether the costs were proportionate to what was at stake, in this case £21,000.00. It is interesting that the courts have mentioned proportionality in this case, particularly as the Campbell v MGN case is the subject of detailed assessment with costs close to £1million and an award of around £3,000.00. Some commentators feel that if the courts insist in proportionality not to the complexity of the issues and the risks involved, but to what is ultimately at stake, that this will lead to costs capping at allocation .

[2002] IRLR 263
[2005]EWCA Civ 922

[1993] ICR 789

[1995] 1 All ER 737

Ibid

Simon Allen, Law Society Gazette, 16th December 2005.

Breast Cancer and Misdiagnosis
Breast Cancer and Misdiagnosis

Last months news headlines have included the shocking and worrying story that up to seventeen women were told that they could face a significant risk of dying from breast cancer after being informed that the radiologist who screened them for the disease had wrongly given them the all clear.

In these cases the radiologists reports had not been checked by another colleague as the hospital he worked for employed just one radiologist which conversely may raise other issues in itself (there have been calls on the government to ensure that all breast screenings are double checked as well as concerns raised over staffing levels in hospitals).

It has been reported that the delay caused by the misdiagnosis may have �significantly altered� the women�s chances of dying from breast cancer.

The doctor involved was initially suspended and has since been charged.

So what of the women involved? Apart from the fact that their lives have undoubtedly been shattered by this news, what recourse is available to them? Surely even amid calls of a compensation culture gone mad there is no one who would doubt that these women are deserving of some remedy?

Course of Action
The usual way to proceed in cases like this is to sue the NHS Trust, that is the hospital where the women were misdiagnosed and claim that the trust is vicariously liable for the actions of the medical professional involved, in this case, the radiologist. Complaints against a doctor can also be made via the NHS complaint procedure within 6 months of the matter complained of although it is important to note that such a complaint cannot be made whilst litigation is being intimated and/or to the General Medical Council. This may lead to a formal apology and sometimes the doctor involved being struck off or suspended however, sometimes even this is not enough.

As with all cases of negligence, the onus will be on the claimant to prove (on a balance of probabilities) that they were owed a duty of care, that this was breached and that this caused them loss. Interestingly, it is often this last element of loss which proves the most difficult for a claimant in a medical negligence matter to prove.

Duty
It is a well-established principle of law that a doctor owes their patients a duty to take reasonable care for the safety and well being of their patients. In the example above, it is a given that the radiologist owed the women a duty of care.

Breach
A special standard of care applies to Defendant�s who claim to have a particular professional or otherwise unique skill. The seminal case in this area was the case of Bowlam v Frien Hospital Management Committee

This case established two main principles:

Where a person purports to have a special skill then they will be judged against the standard of another reasonable person who purports to have the same skill. Thus a radiologist will be just against the standard of another reasonable radiologist.
If the actions of the person who claims to have a particular skill are supported by a responsible body of professional opinion then they will not be considered to have breached the standard of care. This is often referred to as the 10% rule where if 10% of radiologists would for example, have diagnosed the women using the same methods then the doctor would not have breached the standard of care � although there is no real issue of this in the above example.
The professional standard of care is objective in that the same standard will therefore be required of all professionals who purport to have a particular skill.

The courts have also held that just because a doctor or other professional had acted in accordance with common practice does not necessarily mean that this is conclusive evidence that the standard of care has been reached because the common practice may in itself be negligent (this principal is prevalent throughout all areas involving negligent practice).

One practical difficulty that a claimant may face at this stage is that the NHS trust may not admit liability. If there is no admission of liability then a claimant may not be able to afford to investigate the claim and an insurance company may not be willing to underwrite the risk of taking on such a complex and expensive case. It is therefore important to obtain practical and specialist advice from a personal injury lawyer and certainly not to turn to a claims management company who will have little legal knowledge and even less medical knowledge or understanding of how this area of law works.

Loss
The final hurdle for the claimant to overcome is that the defendant�s actions have caused them some kind of loss. In order to prove this, they must establish that the defendant�s actions were the legal cause of their loss. As stated above, in medical negligence cases, this can often be the hardest element of negligence to establish.

There are several legal tests which may be applied. The first being the �but for� test, that is, can it be said that �but for� the defendant�s actions the claimant would not have suffered any loss? The harsh reality of many medical negligence cases is that it may be difficult to prove that but for the defendant�s actions, the person would have been treated successfully and that their chances of recovery would be better.

For example, if a doctor misdiagnoses and illness or fails to spot something is wrong with a patient, then they may be in breach of their duty of care to the patient. However, if the patient would have died anyway then the doctor�s breach would not have caused their loss. So in the example being used here, if the women�s chances of death would have been the same regardless of whether or not the radiologist would have diagnosed them at the time properly, then the elements of negligence would not be established.

In the example we are using it has been reported that the doctors misdiagnosis may have �significantly increased� the women�s chances of death and so it seems, he has caused them loss in that he has increased their levels of illness, possible caused them to lose a breast which may have been avoidable if the disease had been caught early and not been allowed to spread and perhaps has lead to an earlier death than they may have had if he had not misdiagnosed them.

Summary

As with all negligence cases, the onus will be on the claimant to establish that they were owed a duty of care and that this was breached causing loss. As the discussion above shows, in clinical negligence matters the element of loss may be difficult to prove.

[1957] 1 W.L.R 582

Ibid

Barnett v Chelsea and Kensington Hospital Management Committee [1942] AC 691

Patients under sixteen right to medical confidentiality
Patients under sixteen right to medical confidentiality

Last months news reported Mr Justice Silber �s dismissal of a claim concerning patients under sixteen right to confidentiality when seeking advice and treatment on contraceptives, sparking much controversy over potential infringement of parental rights.
The Claimant, a parent, was refused judicial review by way of declarations that:

Doctors should be obliged to disclose such advice and treatment to parents of under sixteen in relation to contraception, abortion and sexually transmitted diseases and so not provide such advice or treatment without parental knowledge.

Literature published in June 2004 by the Secretary of Sate for Health, which provided a guideline for Doctors and health professionals on advising and treating patients under sixteen about contraception, Sexual and Reproductive Health should be declared unlawful.

The application was dismissed and raised significant debate as to whether providing confidential advice and treatment to under sixteen�s interferes with parents right in accordance with Article 8 of the European Convention of the Human Rights.
To what extent does this confidentiality affect parental responsibility for their children�s mental and moral well being? Alternatively should there be a higher degree of confidentiality so as to not deter under sixteen�s from seeking advice and treatment? Would more confidentiality result in an increase in protection of health in society from sexually transmitted disease, child pregnancies, and further increase the use of contraceptives?
Legal Position
The case of Gillick V West Norfolk and Wisbech Health Authority provides the guidelines that have to be complied with when a Doctor or Health Care Professional is providing advice and treatment. Patients under 16 can be provided with such treatment and advice if they are deemed to be �competent�.
The standard of competence is dependent on the patient�s ability to fully understand what is being proposed, the choices available to them, the consequences of such choices and its implications.
Guidelines as to judging who qualifies as being �competent� have been set out for Doctors and Health Care Professionals to comply with:

The patient must understand all the risks and benefits of the treatment.
Parental support must be encouraged, or alternatively informing another adult in the Child�s life.
When advising or treating for contraceptives the Doctor/ healthcare Professional should consider whether the patient�s psychical or mental health is likely to suffer as a result of not receiving or receiving contraception.
Priority should be given to the patient�s best interest.
The concern raised by parents of the above is whether these guidelines gave Doctors/Health Care Professionals approval to disregard parental rights and responsibilities and additionally how it is possible to determine whether a child is �sufficiently mature� to be �competent�? How competent are children in making their own decisions?
European Convention on Human Rights
Article 8 (1) of the Human Rights Act states �Everyone has the right to respect for his private and family life� and further the right of the child to preserve his or her identity, including nationality, name and family relations as recognised by law without unlawful interference.
There is the view that as a child gets older they are able to make decisions on their own accord and understand the consequence of their own actions therefore parental rights to a family life naturally reduce. If a child is �competent � enough to understand the medical advice and treatment being given should they be prevented from receiving this just so that parents can retain parental rights in accordance with this Act?

The United Nations Convention on the Rights of the Child 1989 (UNCRC)
The rights of children have considerably increased through Human Rights laws.

Article 3 (1) : the best interest of the child should be a primary consideration in all actions concerning children
Article 5: requires that children�s rights should be exercised in accordance with their evolving capacities.
Article 12: requires that in all decisions effecting children due weight should be attached to their views.
Summary
Recent developments in both case law and human rights laws have held a crucial impact over patients under sixteen�s right to confidentiality. The difficulty is in distinguishing between the rights, responsibilities and entitlement of parents against under sixteen-year olds entitlement to advice and treatment as a personal and private choice.
[1986] 1 AC 112

Noise Control: Hearing regulations to prompt waive of compensation claims
Hearing regulations to prompt waive of compensation claims

Hearing regulations to prompt waive of compensation claims
As an insurer underwriting claims you are under a duty to warn your insured that employers have been warned to take serious measures to protect their employees hearing in preparation of the Control of Noise at Work Regulations 2005, which came into force on the 6th April 2006. Firms may be bombarded with compensation claims if they fail to take appropriate steps in adhering to the regulations.
Hearing loss is one of the most serious occupational diseases. As an insurer you should check that your insured is taking appropriate steps to prevent such compensation claims arising.

Occupational Noise Induced Hearing Loss
Employers should be made aware that hearing loss is usually a gradual process, due to prolonged exposure to noise. However extremely loud or explosive noises, such as cartridge-operated machines, can cause an immediate hearing loss. This means that claims may not arise until after the damage has been caused. Employers should know that preventative measures now could prevent a bombardment of compensation claims arising in the future years

Regulations
The new regulations mean that employers have a legal duty to cut down noise and protect their employees from ay possibility of harmful effects of noise at work.

Regulation 4 � Exposure levels
A lower exposure to noise value is set at 80db and upper value at 85db. Average noise levels reaching a worker's ears should never be above 87 db. The regulations require the employer to average out the exposure to noise over a one-week period instead of the current normal eight-hour period, in situations where the noise exposure varies on a day-to-day basis. Employers must decide if weekly exposure is relevant or not.

Regulation 5 - Risk assessment
An employer who carries out work which may expose employees to noise at or above a lower exposure action value have to carry out a suitable and sufficient risk assessment of that noise The risk assessment should identify the measures which need to be taken to meet the requirements of these Regulations. An employer should take appropriate action if it is discovered by this assessment that the employee is being or is likely to be exposed to such noise.

Regulation 6 - Elimination or control of exposure to noise at the workplace or at least reduce the risks.
This may include establishing and implementing a programme of organisational and technical measures

Regulation 7- Hearing protection
Hearing protection available upon request to any employee who is exposed or may be exposed to noise. .

Regulation 8 - Maintenance and use of equipment
Employers should ensure that anything provided by them in compliance with their duties under these Regulations or for the benefit of an employee is fully and properly used and maintained in an efficient state, in efficient working order and in good repair.

Regulation 9 - Health Surveillance
If an employee is exposed to noise employers must ensure that such employees are placed under suitable health surveillance. A health record must also be kept by the employer for any employee who undergoes health surveillance.

Regulation 10 � Information, instruction and training
Where employees are exposed to noise employers must provide suitable and sufficient Information, instruction and training.

Measures
As an insurer you can inform employers that the following measures should be taken:

Old noisy machinery should be replaced with newer, quieter models and enquiries should be made about noise levels of machinery before equipment is purchased.
Noisy machinery should be kept in a separate work area.
Materials to absorb sound should be installed.
Equipment should be regularly maintained.
Protective equipment should be provided where noisy machinery is being used.
Checks should be in place to ensure that employees do not spend longer than necessary in a noisey working environment or appropriate quite areas should be provided within the workplace

Conclusion
As an insurer you are ought to check that your insured is taking action to put precautionary measures in place. Strict checks of your insured�s rigorous compliance with the regulations will not only prevent compensation claims but also allow you, the insurer, to better defend any potential claims that may still arise. A productive approach by the underwriter at the outset of a policy would be beneficial to both you and the insured. You would be in a better position to defend the claim and your insured will benefit from a reduction in their premium.

Is an apology an admission of liability?
Is an apology an admission of liability?

On the 7th march 2006 the House of Lords defeated Ministers on proposals to confront the �compensation culture�. There is a growing concern that people in fear of the intensifying �compensation culture� are stopping many activities.

The House of Lords were defeated when peers voted 157 to 144 against the Government during the report stage of the Bill. The new amended bill introduces an opportunity for an apology without such equating to an admission of liability.

It is commonly known that people that have suffered negligence say that an apology at an early stage may have prevented litigation, however insurers� advise their insured that an apology would effectively equate to an admission of liability.

Amendment
Part 1, subsection 2 of the amended Compensation Bill states:

�an apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty.

So how much of a distinction can be drawn between an apology and an admission of liability? As an insurer you are aware that people are advised to maintain as little contact with the claiming party as possible, even by way of a simple explanation of the accident, and not to apologise or offer any redress, so there is no risk of an admission of guilt. The amendments to the Compensation Bill allow a clear differentiation to be drawn between saying �I�m sorry� and admitting liability or negligence.

The Government have urged that this approach may help to calm the atmosphere in compensation claims and may help to settle matters rather then costly and timely court hearings.

Change in law or change in attitude?

There is considerable concern that this new amendment and theoretical change in attitude may contradict current Compensation law. Is the perception that a mere apology for being the unwitting and unblameful cause of someone being hurt always going to be seen as an admission of guilt? Can a distinction be drawn between merely changing perceptions and not law?

Conservative Spokesperson Lord Hunt of Wirral stated that he wanted a change in attitude and perception that people cannot say �sorry� and not a change in the law.

Baroness Ashton in the House of Lords commented that �the principle behind saying, "I'm sorry", even if it means, "I'm sorry I didn't see you because you just did something stupid", is as relevant as saying, "I'm sorry I didn't see you because I just did something stupid". I agree with that�. She went to to say that despite this she could not accept the proposed amendment as accepting it would inevitably alter the law.

The question still remains unanswered, what is an appropriate apology that does not cross a boundary into being an admission of liability and who is to define this apology and boundary? In essence the common law will evolve and answer these over time.

Conclusion
The amendments to the Compensation Bill were passed in the House of Lords on 27th March 2006. As an insurer you should check the advice given to you insured. Offering redress and apologies no longer amount to an admission of liability therefore may save you expense and further improve the system for valid claims.

Immigration � What if the ECO refuses an application?
Immigration � What if the ECO refuses an application?

If after interviewing the applicant the Entry Clearance Officer (ECO) refuses the application a notice in writing will be given to the applicant. The notice will highlight the applicant�s right to appeal the decision to an adjudicator in the United Kingdom.

The applicant has 2 options once an application is refused.

 Appeal the decision
 Make a fresh application

Appeal

The appeal will be heard in the United Kingdom. It must be remembered that the appeal has to be lodged with the Embassy/High Commission where the application was made. Family visitors are one of the few applicants given the right to appeal the decision. The applicant has to be a family visitor as most other visitors are excluded from the right to appeal.

The applicant will be advised in writing by this notice that they will have 28 days from the date of receipt of the notice to appeal the decision of the ECO. In most cases the Embassy/High Commission will give to the applicant a notice with an application form to complete to lodge the appeal.

Applicants should always notify their sponsor in the United Kingdom and send a copy of the notice of appeal. As there is a strict timetable to appeal the notice should be drafted by a legal advisor who will set out grounds of appeal. Appeals on the decision of the ECO takes between 3-4 months from the time that the notice is lodged with the High Commission/Embassy at the port of entry. Readers will recall from the last article, the requirements of an applicant to satisfy the ECO that they are genuine visitors. It is therefore important to obtain additional evidence to deal with the grounds of rejection.

Many applicants from the sub-continent are rejected on family visits because they have not set out clearly in their application their family link to the sponsor who has agreed to sponsor their visits to the United Kingdom. More applications are rejected because the applications have not produced documentary evidence that the sponsor is able to accommodate and maintain them during their family visits to the United Kingdom. Thus the appeal must set out in detail the grounds of appeal with reference to documents that should be lodged with the appeal. An appeal can be made on the grounds that the ECO has made a mistake on the facts and/or applying the law to the facts. It is advisable to make a detailed submission with the appeal as the notice of appeal will be reviewed by the interviewing officer.

The disadvantage of the appeal procedure is that it will take time; between 3-4 months. If a visitor is intending to travel for an occasion on a short notice this would be of no benefit to them.

An applicant can ask for the appeal to be dealt with in writing. This will save the expense of hiring a lawyer to make representation before the adjudicator in the UK.

Fresh Application

A family visitor has no restrictions on the number of applications that can be made. The disadvantage is that there will be a fee each time an application is made. Unless there is a change of circumstances between the application there would be no advantage gained in making a new application. However, we advise that if the applicant is able to deal with the grounds of rejection in the initial application written submissions can be made supported by documents in the fresh application. If a new application is made it can be dealt with by the Embassy/High Commission fairly promptly. This is advantageous to the applicant particularly if they are intending to travel to the United Kingdom on a short notice.

If any readers have specific questions in relation to this article or any other immigration matters please send your questions by email to the address given below with permission to the editor that their details can be published in the next issue.

Immigration News
IMMIGRATION NEWS

Indefinite Leave to Remain for Refugees.

An asylum applicant is granted refugee status if they meet the criteria laid down in the 1951 UN Convention on Refugees. The granting of indefinite leave to remain in the U.K. will end on 30th August 2005. From this date onwards a new policy will grant refugees a limited leave of 5 years. During this time a review may be triggered which may result in the refugee being expected to return to their country of origin.

After 5 years the applicants case will be subject to review to see whether the cessation clauses of the Convention might apply to them1 (i.e. if there has been an announcement to the effect that the situation in their country of origin has changed and they are no longer in fear of persecution). If the cessation clauses do not apply then the applicant could be removed from the U.K. back to their country of origin.

If not, they should get Indefinite Leave to Remain subject to possible additional tests relating to language skills. During the first 5 years refugees do have full entitlement to family reunion, to welfare benefits, to housing and health care and they have the right to work2.
If the asylum application is initially refused, the applicant has appeal rights with the Immigration Appeals Tribunal (AIT)

Useful websites

www.refugeecouncil.org.uk
www.homeoffice.gov.uk
If you would like more information, please contact Etala Cleaves on 020 7377 0600 or email ec@hafezis.com.

1. www.refugeecouncil.org.uk
2. Ibid

Immigration: UK Visa Requirements
UK Visa Requirements

Most visitors to the UK, other than those from the USA and the EU, require an Entry Clearance Certificate (a visa) before boarding a flight. In many cases international carriers will not carry passengers unless they are satisfied that they have a visa.

The current rules require that a visa be obtained at the British Embassy or High Commission in the visitor�s own country.

The rules regarding visas are found in sections 41-46 of the Immigration Rules.

Many of those we come across who fail to obtain a visa do so because they do not have the correct or legible documents to support their application. A visitor needs to satisfy the interviewing immigration officer that they are genuine visitors to the UK. The requirements are as follows.
Stay must be for 6 months or less
That they intend to leave at the end of their stay
That they will not take up employment
That they do not intend to carry out any business
That they do not intend to study
Either that they can maintain and accommodate themselves at their own expense or that they will be maintained and accommodated by relatives or friends settled in the UK
That they can meet the cost of their return journey
Most applicants, particularly from the sub-continent, tend to fall foul of the requirements of maintenance and accommodation. They often produce evidence of their own financial standing. In nearly every case the visitors tend to be farmers or in relatively low-paid jobs. Notwithstanding this, they tend to show that they have sufficient income of their own to meet the cost of the trip to the UK. There is no need to do this. The current rule provides that if a person settled and living in the UK is able to maintain and accommodate the visitor, the financial standing of the visitor in their own homeland is immaterial.

Where visitors are sponsored by a person settled in the UK they should prepare a detailed statutory declaration containing evidence of the following.

Their income
Accommodation
Their family connection with the visitors
Visitors should also resist using local agents for advice and assistance in completing the application form. In every case these agencies have no knowledge of English law.

Certain decisions made by an Entry Clearance Officer (ECO) can be appealed.

Wrongful Death
Accidents or Occurrences that have resulted in death This encompasses all types of cases in which there will be a cause of action either in negligence or otherwise had victim survived.

Product Liability Claims
If you have been injured as a result of an unsafe product you may have a claim against the company that designed, manufactured or retailed the product. If you had the product professional installed you may also have a claim against the company who installed the product.

There is a duty to ensure that any product that is manufactured and sold to the public is safe and reasonably fit for its intended purpose. Your claim could either be for breach of contract or for negligence.

Product liability claims can be made in relation to any products that are shown to be defective and have caused injuries or financial losses this can cover anything from boilers, cars and electrical equipment to foodstuffs and cosmetics.

What can you claim?
Compensation for your injuries
Any reasonable financial losses that were incurred as a direct result of the accident

What can we do for you?
We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your claim
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will help you ensure that you receive the maximum compensation for your injuries.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

What steps can you take to minimise any dispute and maximise your chances of success?

To help your case, you should ensure that you preserve any evidence you can to show the product was defective or unsafe. This may include photographs or keeping the original product. You should also keep any receipts or instruction booklets that you have.

If you suffer financial losses as a result of your accident you should ensure that you keep all receipts, invoices and other documents that may support your claim.

Most importantly do not delay in calling us, as you must submit your claim within three years following the accident if you were injured and six years if your claim is for property damage only. If you do not issue your claim in court within 3 years your claim will be statute barred and you may not be able to claim the compensation to which you are entitled.

Call now to start your claim�

Dog Bites
Anyone who owns or has the control of a dog within the United Kingdom has a responsibility to ensure that that dog is kept under proper control. If you are attacked or bitten by a dog in a public place then you may have a claim for damages against the owner of the dog.

What can you claim?
Compensation for your injuries
Any reasonable financial losses that were incurred as a direct result of the accident

What can we do for you?
We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your claim
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will help you ensure that you receive the maximum compensation for your injuries.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

What steps can you take to minimise any dispute and maximise your chance your chances of success?

To help your case, you should take names, addresses and telephone numbers of any witnesses to incident. You should also contact the Police immediately and report the incident.

If you suffer financial losses as a result of your accident you should ensure that you keep all receipts, invoices and other documents that may support your claim.

Most importantly do not delay in calling us, as you must submit your claim within three years following the accident. If you do not issue your claim in court within 3 years your claim will be statute barred and you may not be able to claim the compensation to which you are entitled.

Call now to start your claim�

Fatal Accidents
If you are the relative of a person who has died as a result of an accident you may be able to make a claim for damages. We understand that the death of a close relative can be a time of hardship both emotionally and financially and we will deal with your claim as sympathetically as possible.

Claims by Dependants

If you are a dependant of a person who has died as a result of the accident you may be entitled to make a claim for bereavement, loss of dependency and reasonable funeral expenses.

The claim for bereavement can only be made by spouses and parents and the amount recoverable is currently fixed at £10,000.

Your entitlement to claim loss of dependency and the amount of the award is governed by legislation and we will be able to advise you further in relation to this once we are aware of your personal circumstances. Generally it will be necessary to show that you were financial dependant on the deceased.

Claims made on behalf of the estate

A claim can be brought by the personal representative for any damages that the deceased person would have been entitled to claim for at the time of his death. You will need to establish that the deceased person would have been entitled to claim damages had he survived.

The amount of the damages will also be the damages to which the deceased person would have been entitled to claim had he survived.

What can we do for you?
We can offer you sympathetic and straightforward advice on your claim.
We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your claim
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will help you ensure that you receive the maximum damages.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

What steps can you take to minimise any dispute and maximise your chance your chances of success?

To help your case, you should find as much information as possible surrounding the accident in particular details of any witnesses. If applicable you should also report the incident to the police.

Most importantly do not delay in calling us, as you must submit your claim within prescribed time limits. These will depend on your personal circumstances and we can advise you further at your initial consultation.

Call now to start your claim�

Claims for Work Related Illnesses
If you develop an illness or condition as a result of your working environment or working conditions you may be able to make a claim for compensation against your employer.

Your employer is under a legal duty to take reasonable care for your health and safety whilst you are at work. The government has introduced numerous regulations that place duty on your employer to ensure your working environment is safe and if they have failed to meet these requirements and you are injured as a result you will be entitled to claim compensation

Examples of work Related Illnesses
Asbestos/ Pneumoconiosis or Mesothelioma � an inflammation of the lungs, which can develop into cancer. This often caused by inhaling substances or particles at work in particular asbestos.
Occupational Asthma � is a form of asthma that is often caused by exposure to a precipitating factor in the workplace.
Occupational Dermatitis � this is a skin condition that is usually caused by a direct contact with an irritating substance such as cleaning fluid.
Industrial Deafness � claims can be brought by people who have suffered hearing loss as a result of prolonged exposure to a high level of noise
Work-related Upper Limb Disorders and tenosynovitis - these can occur as a result of constant repetition of tasks such as typing.
Occupational Stress � this includes claims for a nervous breakdown or other stress related symptoms induced by your employment.

What will you need to prove?

To bring successful claim you will need to show that:
As a result of your working conditions or environment you have developed a disease or condition; and
The disease or condition was caused or partially caused as a result of your employer�s negligence and/or breach of statutory duty. This means that had your employer done everything they should have done to take reasonable care of your safety at work you would not have suffered from this condition or your chance of developing this condition would have been greatly reduced.

What can you claim?
Compensation for your injuries
Any reasonable financial losses that were incurred as a direct result of the accident

What can we do for you?
We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your claim
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will arrange for a specialist to review your medical reports, examine you and prepare a report. We will advise you on the contents of the report and merits of any claim.
We will help you ensure that you receive the maximum compensation.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

What steps can you take to minimise any dispute and maximise your chance your chances of success?

To help your case, you should find as much information as possible in relation to your condition. Keep a diary of your illness or condition and the effect it has had on you.

If you suffer financial losses as a result of your injuries or conditions you should ensure that you keep all receipts, invoices and other documents that may support your claim.

Most importantly do not delay in calling us, as you must submit your claim within three years following the date you first became aware of your condition. If you do not issue your claim in court within this time claim will be statute barred and you may not be able to claim the compensation to which you are entitled.

Call now to start your claim�

Injuries sustained by Victims of Crime
Victims of violent crimes who have suffered injuries can apply to the Criminal Injuries Compensation Authority (CICA) for compensation.

To be eligible to make an application under the scheme you must show that:
You have been the victim of crime of violence
You have suffered personal injury as a result
The incident occurred in Great Britain
The incident was reported to the police as soon as possible after it occurred (unless good reason can be shown for not doing so)

The application to the CICA must be made within 2 years of the incident (unless good reason can be shown for not doing so). Your damages may be reduced if you have any previous criminal convictions, even if they are not related to the incident.

The CICA will consider your application form and any supporting evidence. They will then carry out the necessary investigations by contacting the police, hospital and any witnesses. Any ward they make will be based on a tariff-based system and will depend on the seriousness of your injuries.

Your legal costs will not be paid by the CICA and our costs will therefore be recovered from your damages.

What can we do for you?
We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your application
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will submit your application to the CICA
If your application is unsuccessful or your award reduced, we will appeal the decision of the CICA on your behalf.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

What steps can you take to minimise any dispute and maximise your chance your chances of success?

To help your case, you should take names, addresses and telephone numbers of any witnesses. You should also contact the Police immediately and report the incident.

If you suffer financial losses as a result of your accident you should ensure that you keep all receipts, invoices and other documents that may support your claim.

Most importantly do not delay in calling us, as you must submit your claim within two years following the accident.

Call now to start your claim�

Clinical Negligence Claims
You may be entitled to compensation if you have suffered as a result of miss-diagnosis, improper choice of treatment or medication, negligence in surgical procedures or any negligence or mistakes by any health care professionals including GP�s, surgeons, midwifes, nurses and hospital doctors.

What will you need to prove?

To bring successful clinical negligence claim you will need to show that:
You have been treated by a doctor or other health professional; and
The treatment you have received is not supported by any reasonable body of medical opinion; and
As a result of the treatment you failed to recover from a pre-existing condition, your chances of recovery were diminished or your original injury or condition has become worse.

We understand that it is often difficult to know what has happened to you in these cases or to know if you have received negligent treatment by a health care professional.

In practice clinical negligence claims will largely turn on medical evidence and we will ensure that we obtain copies of your medical records and arrange for a medical expert to examine you, review your records and prepare a report on your condition and treatment. We will be able to advise you on the contents of the report and the merits of any claim.

What can you claim?
Compensation for your pain and suffering
Any reasonable financial losses that were incurred as a direct result of your treatment

What can we do for you?
We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your claim
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
You may qualify for public funding if you are in receipt of benefits, in which case we will direct you to a firm of solicitors with a legal aid franchise.
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will arrange for a specialist to review your medical reports, examine you and prepare a report. We will advise you on the contents of the report and merits of any claim.
We understand the importance of dealing with your claim in a professional manner and maintain a good relationship with the medical staff who may be responsible for your ongoing care and treatment.
We will help you ensure that you receive the maximum compensation.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

What steps can you take to minimise any dispute and maximise your chance your chances of success?

To help your case, you should find as much information as possible in relation to your condition and the treatment you have received. Keep a diary of your illness or injury and the effect it has had on you. If you write or receive any correspondence from the hospital. NHS trust or GP concerned always keep copies of these letters.

If you suffer financial losses as a result of your injuries or conditions you should ensure that you keep all receipts, invoices and other documents that may support your claim.

Most importantly do not delay in calling us, as you must submit your claim within three years of becoming aware of the possibility that you could claim. If you do not issue your claim in court within this time your claim will be statute barred and you may not be able to claim the compensation to which you are entitled.

Call now to start your claim�

Accidents at Work
If you are involved in an accident at work and are injured as a result you may be entitled to claim compensation from your employer.

Your employer is under a legal duty to take reasonable care for your health and safety whilst you are at work. The government has introduced numerous regulations that place duty on your employer to ensure your working environment is safe and if they have failed to meet these requirements and you are injured as a result you will be entitled to claim compensation

What will you need to prove?

To bring successful claim you will need to show that:
You have been involved in an accident at work; and
As a result of the accident you have sustained personal injury; and
The accident was caused as a result of your employer�s negligence and/or breach of statutory duty. This means that had your employer done everything they should have done to take reasonable care of your safety at work the accident would not have occurred.

What can you claim?
Compensation for your injuries
Any reasonable financial losses that were incurred as a direct result of the accident

What can we do for you?
We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your claim
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will help you ensure that you receive the maximum compensation for your injuries.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

What steps can you take to minimise any dispute and maximise your chance your chances of success?

To help your case, you should take names, addresses and telephone numbers of any witnesses to the accident and take photographs of the accident & its location if possible. You should also contact the Police immediately and report the incident.

If you suffer financial losses as a result of your accident you should ensure that you keep all receipts, invoices and other documents that may support your claim.

Most importantly do not delay in calling us, as you must submit your claim within three years following the accident. If you do not issue your claim in court within 3 years your claim will be statute barred and you may not be able to claim the compensation to which you are entitled.

Call now to start your claim�

MIB Claims
If you are involved in a �hit and run� accident or the other driver is uninsured the Motor Insurance Bureau (MIB) will deal with your claim for compensation. They are funded by the insurance industry.

Uninsured Driver

If an uninsured driver hits you we will need to make a claim to the MIB on your behalf by completing an MIB claim form. We will need to investigate your claim in the same way as we would if the other driver was insured.

You will need to show that:
You have been involved in an accident; and
The accident was not your fault; and
As a result of the accident you have suffered from personal injury and or damage to your property

If the MIB are satisfied that the other driver was legally responsible for the cause of the accident they will make an offer of compensation.

If you to not agree with the MIB assessment or the amount of the offer you can proceed to issue a claim at court against the uninsured driver and if you are successful the MIB will satisfy the judgement. This means you will recover your damages and legal costs in the same way as if the driver had been insured.

Hit & Run

If you are involved in a �hit & run� accident where you do not have the identity of the other driver the MIB will consider your claim. In these cases they will make all the necessary investigations and if they are satisfied you have a claim that would have been successful against the other driver had his identity been known they will award damages. The amount awarded in damages will be equivalent to an amount that would be awarded by the courts.

The MIB are not obliged to pay your costs if you are injured in a �hit & run� accident. They will usually make a contribution towards your costs and you will be responsible for any shortfall.

What can we do for you?
We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your claim
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will help you ensure that you receive the maximum compensation for your injuries.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

What steps can you take to minimise any dispute and maximise your chance your chances of success?

To help your case, you should take names, addresses and telephone numbers of any witnesses to the accident and take photographs of the accident & its location if possible. You should also contact the Police immediately and report the incident.

If you suffer financial losses as a result of your accident you should ensure that you keep all receipts, invoices and other documents that may support your claim.

Most importantly do not delay in calling us, as you must submit your claim within three years following the accident.

Claims by Children
Children cannot bring proceedings in their own name. In civil law a child is anyone who is under the age of 18.

If a child has been injured and wishes to make a claim for compensation they must either wait until they reach the age of 18 or bring a claim through �a litigation friend.� The litigation friend is usually the child�s parent or guardian and will bring the claim on behalf of the child.

If we reach a settlement on behalf of a child we will always ask the court to approve the settlement. This will ensure that the child receives fair damages for their injuries. The damages will then be paid into court and invested on behalf of the child. When the child reaches the age of 18 the funds will be released to him or her. If you can shown that the funds are needed to care for the child during his or her minority and application can be made to the court to ask that the funds be made available to you for the benefit of the child.

What can you claim?
Compensation for your injuries
Any reasonable financial losses that were incurred as a direct result of the accident

What can we do for you?
We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your claim
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will help you ensure that you receive the maximum compensation for your injuries.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

Road Traffic Accidents
"�an average of 107 people are killed or seriously injured in road accidents everyday�" (ONS)

If you are involved in a road traffic accident that was not your fault you may be entitled to claim compensation.

You may have a claim for compensation if you are:
A Driver
A Passenger
A Pedestrian
A Passenger on Public Transport
A Motorcyclist
A Pillion Passenger

What will you need to prove?
To bring successful personal injury claim you will need to show that:
You have been involved in an accident; and
The accident was not your fault; and
As a result of the accident you have suffered from personal injury and or damage to your property

What can you claim?
Compensation for your injuries
Any reasonable financial losses that were incurred as a direct result of the accident

What can we do for you?
We can give you a free initial consultation & provide you with jargon free, no hassle or catches legal advice, where we�ll assess the merits of your claim
If we think you have a valid case, we�ll arrange an appointment for us to meet � as solicitors with many years of experience, we believe our clients value face-to-face client contact
We will assign to you a specialist solicitor who will be your point of contact for your case. You will have their phone number and e-mail address.
We will investigate your claim and keep you informed at every stage.
We will help you ensure that you receive the maximum compensation for your injuries.
We try to keep things running as efficiently as possible, so you can continue with your life and leave all the hard work to us.

What steps can you take to minimise any dispute and maximise your chance your chances of success?

To help your case, you should take names, addresses and telephone numbers of any witnesses to the accident and take photographs of the accident & its location if possible. You should also contact the Police immediately and report the incident.

If you suffer financial losses as a result of your accident you should ensure that you keep all receipts, invoices and other documents that may support your claim.

Most importantly do not delay in calling us, as you must submit your claim within three years following the accident. If you do not issue your claim in court within 3 years your claim will be statute barred and you may not be able to claim the compensation to which you are entitled.

Call now to start your claim�

VIOXX PHARMACEUTICAL LITIGATION
If you have been prescribed VIOXX and within 12 months or more of continuous use, have developed heart attack, stroke, blood clots or kidney damage within seven days of starting VIOXX, then you may have a claim against the manufacturers of the drug Merc & Company. You may or may not know, but in September of 2004 the manufacturers withdrew the drug from global circulation.

Accident on the road
Date settled
June 2004

Details
Our client was a young girl travelling with her grandmother when being involved in a road traffic accident. We had dealt with her grandmother�s claim. Her parents were not aware of her right to pursue a claim and had left the matter in abeyance for some time. On having settled her grandmother�s claims we were approached by the parents.

Our client has sustained both physical and psychological injuries arising out of the accident. We obtained evidence from a neurologist, a psychiatrist and an orthopaedic expert.

Outcome
Proceedings were issued and the matter was finally settled near our clients 18th birthday in the sum of £25,000.00. We have just learnt that our client has now married and with the benefits of the financial compensation is moving abroad.

Accident in a public place
Date settled
June 2004

Details
Our client visited Tesco Superstores in her locality and slipped whilst there on an egg yolk. Our client was referred to us by our principal�s former colleague who had instigated the claim. The Tesco Superstore and their solicitors had made strong representation on their responsibility. We took over the claim, obtained the relevant witness statements and medical evidence. We purchased Legal Expense Cover for our client and were on the verge of issuing legal proceedings in the matter when an offer was made. This was accepted by our client.

Outcome
Our client accepted the sum of £6,500.00 with contributions towards her legal costs.

Accident at work
Date settled
January 2005

Details
Our Claimant was an employee of Tesco Superstores and was injured whilst at work. Whilst on the face of it she had suffered relatively minor physical injury this escalated into serious long terms problems. Our client was referred to us by a law firm. We obtained specialist medical evidence to support the argument of development of complication from a minor injury. On the anniversary of the limitation period Tesco�s finally agreed to deal with our claim and offered to settle.

Outcome
Our client accepted the sum of £50,000.00 in full and final settlement of her claim.

Accident in a public place
Date settled
December 2006

Details
The Claimant was referred to us by our panel law firm. She was injured in a car park whilst taking her grandchildren to the local swimming pool. She sustained a serious injury to her lower limb. We obtained witness statements and medical evidence on her behalf leading to the public liability insurers to settle her claim without commencing legal proceedings.

Outcome
Our client accepted an offer of £37,500.00 with legal costs