shaping the future of Whiplash policy

Bringing justice to the victims of road traffic accidents
JULY 2012
Shaping the
Future of
Whiplash
Policy
Decisions that
litigators make
strategy, tactics and mediation
“there's an app for that”
Innovation to support medical
reporting during the insurance
claims process
"What seems abundantly clear is that
the Government is determined to
reduce PI claims, regardless of their
merit, thereby reducing accident
victims’ access to justice."
Chairman’s
address
CONTENTS
Chairman’s Address
3
MASS Training
4
Shaping the Future of Whiplash Policy
6
MASS goes all social media with @MASSsays 10
MASS responds to extension of
RTA portal scheme to £25,000
Decisions that litigators make:
Strategy, tactics and mediation
"There's an app for that"
Innovation to support medical reporting
during the insurance claims process
2
11
12
14
Motor Insurance Market referred
to Competition Commission
16
Highway Code app launched
to improve road safety
17
Lockton/MASS Professional
Indemnity Scheme
18
MASS AGM & Conference
8/9th November 2012
19
The MASS Charity Golf Day 2012
20
Charity Roundup
21
MASS Meetings and Contacts
22
MASS NEWS JULY 2012
It seems no time since I prepared my address for the April
Newsletter, although so much has happened since then.
As usual, the question is – where do I start?
The LASPO Bill got Royal Assent in May, alternative business
structures are here and starting to be licensed, and the
Government seem hell bent on bringing in a raft of changes
in April 2013 even though no sane person can understand
why there is such a rush and what mess is going to follow.
So what are we facing in April 2013? Part II of the LASPO
Act for starters, even though we do not have any definite
information or Rules on how this is to be achieved and what is
going to happen in relation to qualified one way cost shifting,
10% uplift on damages, and contingency fees to name a few.
Just to add insult to injury though, we are unlikely to know
the Rules regarding the ban on referral fees, which was added
to the LASPO Bill at the last minute, until at least January/
February 2013, i.e. a couple of months before the ban.
What has been done in relation to the ban so far? The SRA
have had one round-table discussion with stakeholders in
January, which I attended but much of the time was spent
looking at the “unintended consequences” of the ban which,
to me, seems a bit late when the ban is already law. We heard
nothing more until 12th June when we received a discussion
paper (www.sra.org.uk/referralban) which is open for
comment until 31st July 2012. That is only 6 weeks. The SRA
say that once it has analysed comments received, it will
publish a “formal consultation” which will be open between
September – December. It doesn’t say when we will hear
following this consultation nor when we will have the Rules.
Looking at the discussion paper, the main regulator seems to
be saying that what constitutes a referral fee is a bit of a grey
area and that it will not be publishing any further guidance.
Regulatory lawyers are going to have a field day then.
The Government seems determined to extend the RTA
claims process to £25,000 together with other areas of
personal injury law at the same time as “reviewing” portal
costs. I have never heard of a review that talks about
reduction only! I thought a review meant a complete look
at what is happening now and then assessing what is best
for the functioning of the portal, but more importantly, the
delivery of legal representation. MASS has tried to impart
some sense into this review in our response which can be
found at http://mass.org.uk/images/pdf/moj-extensionof-rta-portal-may-12.pdf. We await the outcome of the
“review” with trepidation.
MASS has been heavily involved in responding and reacting
to all of the above and any other proposed changes the
Government seems to throw daily at our industry. We have
met with Ministers, the MoJ, attended collaborative claimant
group meetings and lobbied MP’s tirelessly on behalf of
innocent accident victims and their independent legal
representatives.
So where do we stand going forward so far as we are aware?
Under the current LASPO Act, recoverability of CFAs and
ATEs from defendants will be abolished. There is however
no increase in legal aid to fill that gap – the opposite in fact,
as under the Act there will be a reduction in legal aid. That
means insurers win by having to pay less and accident victims
pick up the tab. How can that be justice?
MASS has continually asked if we will see the 10% increase in
general damages that was promised? Whilst the Government
says it will be down to the judiciary to administer, we question
how this will be done. We all know that the majority of motor
injury claims do not end up in Court and that the bulk are
“negotiated settlements”. Are they therefore suggesting that
the paying party, i.e. the insurers, will just volunteer the extra
10%? I don’t think so.
What seems abundantly clear is that the Government are
determined to reduce PI claims, regardless of their merit,
thereby reducing accident victims’ access to justice. We
recognise that there are real challenges but this is simply not
the time for any knee-jerk reactions. As MASS has been saying
for many years – all stakeholders need to get around the table,
not just the insurers, if we are to get real change that sorts out
the problems we have but does not harm access to justice for
those who deserve it.
The fact is that we are compelled by law to insure our motor
vehicles but if the Government removes the right of innocent
accident victims to claim damages through independent legal
representation if they suffer loss, what is the benefit of that
insurance? We all want to see a reduction in motor premiums,
but not at any price. Cleaning up what is wrong in the industry
must come through collaboration of all the stakeholders.
Let’s work together to reduce bad claims and not penalise
the genuinely injured.
Please keep campaigning with us – we are stronger together.
Donna Scully
mass chairman
MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
3
mass Training
Will Your
Summer Sizzle?
With the government proposals to reduce fixed costs and
extend the portal upwards, it is more important than ever to
make sure that your non-qualified staff are well trained and
competent and the MASS and College of Law Diploma will
demonstrate that.
The weather has been anything
but summery this year, but
MASS Training wants to make
sure that your summer sizzles,
even without barbeques and
sunshine!
We will be launching a buy one,
get one half price on all our courses
running in September and October
when you book anytime in August.
This offer means that you will be
able to take care of all your training
needs at an excellent price ready
for the end of the CPD year.
Make sure you keep an eye out for
the letter and booking form that
will be sent to your firm or log
onto the website in August.
Alternatively you can email
Emma to register your interest
on emma@masstraining.org.uk
or call her on 0117 925 9614.
The courses that are currently available to book for the Summer Sizzler are listed
below, and please note you will get the cheapest course half price and the offer
does not include the Diploma.
We will be adding more courses and also a webinar series so it is a
good idea to keep your eye on our website so you don’t miss out! –
www.masstraining.org.uk
Summer Sizzler Courses
4
Beginners Guide to
Personal Injury
12th September 2012
Birmingham
Low Velocity Impacts
20th September 2012
Manchester
Credit Hire
26th September 2012
Newcastle
Identifying Fraudulent Claims
21st September 2012
Manchester
RTA Claims Process – Stage 3
(half day)
5th October 2012
London
Claims involving the MIB
10th October 2012
Milton
Keynes
Credit Hire
19th October 2012
London
Low Velocity Impacts
26th October 2012
London
MASS NEWS JULY 2012
Diploma Course
Coming Soon
RTA PI
Update
The other beneficial effects of the diploma are staff retention,
increased morale, fewer mistakes and happier clients – a real
win-win for everyone concerned!
Just a quick reminder that
we will be running our RTA
PI Update before the AGM
again this year, and following
feedback on how difficult it was
to get served in the bar and eat
lunch prior to the AGM start,
we will be providing lunch too!
If you book this alongside the
conference you get this half-day
session for only £80 (Members
only), which is a bargain!
As with all of our training courses, the Diploma is delivered by
PI practitioners with many years experience and each of them
has been trained by us to deliver training in an interactive and
practical way.
Many of our member firms are running the course in house as
they recognise the benefits that it brings, but if you only have
one or two people to train, then our public course is well worth
considering.
We are looking to start new Diploma intakes in Manchester
and Birmingham in September and we still have a few spaces
to fill, so please do get in touch if you would like some more
information about this excellent course.
You can contact Sue or Emma on info@masstraining.org.uk
or call us on 0117 925 9614.
The course will run on the
8th November from 10am –
1pm and will be at the Hilton
Deansgate in Manchester.
If you can’t make the conference
but want to come along you are
more than welcome.
Please contact Emma
for a booking form on:
emma@masstraining.org.uk
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MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
5
Shaping the Future
of Whiplash Policy
While the Government has made few formal
Whiplash claims are rarely far from the
statements about its overall plans for bringing
headlines at the moment. Almost daily we
down the cost of motor insurance and tackling
hear horror stories of cash for crash, dodgy
fraudulent
whiplash,
following
first summit
doctors and the spiralling cost of motor
"Whilst MASS has
always
accepted
thatthethe
they announced:
insurance, and I suspect everyone with a
PI industry is not
perfect the extent and
mobile phone has received a text message
• Industry commitment to pass savings onto
telling them they could receive compensation
customers
resulting fromchanges
a Government
rapid nature of the
Government's
for some accident they may or may not have
commitment to reduce the current £1,200 fee
had at some point in the past.
are simply not inthat
the
bestcan
interests
ofsmall
thevalue personal
lawyers
earn from
claims;
Unsurprisingly, the calls for action areaccident
becoming victim injury
which
is not right, fair or just."
louder and something does need to change.
• Industry commitment to adjust premiums to
There is fraud in the system and sharp practices
reflect any reductions in legal costs created
that encourage bad behaviour. Quite rightly the
through the Jackson reforms that will reform
Government has taken up the challenge, which
‘no win, no fee’ and ban referral fees; and
fits with two of its broader policy goals – tackling
extending the road traffic accident claims process
the so called “compensation culture” and reducing
to cover employers liability and public liability;
the burden on households.
• The Government and insurance industry
While we can all agree with these goals, the
commitment to working together to identify
debate is fevered and until now rational voices
effective ways to reduce the number and cost
and thoughtful solutions have often been
of whiplash claims. Options include improved
drowned out or not even considered. There is a
medical evidence, technological breakthroughs,
strong tendency in public debates like this one for
the threshold for claims or the speed of accidents;
the unsubstantiated ‘myths’ to become ‘fact’ in a
•
The Government and insurance industry agreed
very short time frame, and one of the dangers is
to
work together to look at what more can
that whiplash will become a short-hand for all of
be
done in relation to young drivers’ risk and
the problems the sector is facing.
safety, including the wider use of telematics or
The challenge for MASS is to ensure that in this
‘smartbox’ technology. This monitors driving
quagmire of stats and hyperbole, the voice of
behaviour, giving young drivers the chance of
accident victims is heard and understood by both
affordable car insurance by adopting safer driving.
the public via the media, and by the Government.
Following the second summit, Secretary of State
As MASS Chair, Donna Scully, said recently,
for Justice, Rt Hon Ken Clarke, announced further
this is “no time for knee-jerk reactions”.
measures on which they will consult this summer:
MASS and Madano are working together to ensure
• Independent medical panels to assess
that MASS’s calls for holistic reform are heard.
whiplash claimants; and
While we are beginning to make progress there
is still plenty more to do.
What the Government
has proposed
Reducing the cost of motor insurance is one
of the most high-profile, cross-departmental
initiatives launched by this Government. Two
‘summits’ between Ministers and representatives
from the insurance industry have already been
held this year – one on 14 February and another
on 2 May – attracting significant press coverage.
However, no organisation representing the legal
or claimant community was invited other than
one Consumer Group.
6
MASS NEWS JULY 2012
• Raising the small claims limit from
£1,000 to £5,000 for all PI cases.
This is in addition to the wide range of other
reforms to the legal sector, all of which will have
a significant impact on the claimant community.
The Jackson Reforms are being implemented
through the Legal Aid, Sentencing and Punishment
of Offenders Act, with the introduction of Qualified
One Way Cost Shifting and hopefully the 10%
uplift of damages. How to implement the referral
fee ban is being consulted on by SRA, and the
Ministry of Justice is looking at extending the RTA
Portal to include EL and PL claims, and increasing
the limit on cases that go through the Portal to
£25,000. The sector will be very different this time
next year.
Moving the debate on
In this volatile, complicated and ever shifting legal,
regulatory and media landscape, organisations like
MASS have to work hard to get their message heard
and to ensure that the debate stays focused on the
real issues and finding the right policy solutions.
As readers will know, MASS has a strong and
considered stance on all of the proposals: the
Government is right to be looking at the motor
insurance sector, as there is obviously a problem
with the market and an opportunity for people to
make fraudulent or exaggerated claims, but many
of the current proposals could significantly reduce
access to justice. The sector needs holistic reform,
with consumers and accident victims at its heart.
Some of the Government’s proposals make sense. For
example, MASS agrees that one sensible step would
be to have more stringent medical appraisals as part
of each whiplash claim. In fact, MASS goes further and
believes that no compensation should be paid without
a full medical report – no medical, no damages.
Other proposals could have a negative impact.
The most concerning of these is to increase the small
claims limit from £1,000 to £5,000 for all personal
injury cases. The Ministry of Justice consulted on
this proposal at length and rejected the idea in 2007
on the grounds that it would stop genuine accident
victims from receiving access to justice. The RTA Portal
was developed as an alternative. It should be given
time to work as best it can before the Government
thinks about returning to rejected policy proposals.
In preparation for the original small claims
consultation, over the course of a year MASS collected
30,000 letters from accident victims its Members had
represented, outlining the negative impact a higher
claims limit would have had on them. The letters
were then presented to Number 10 in 2007. The idea
is just as concerning today as it was then, and MASS
will be redoubling efforts to stop this proposal. One
of our first steps has been to put a new client survey
on the MASS website to gather as much information
as we can and we urge all Members to direct their
clients to it.
MASS has also developed alternative proposals
to put to Government to help tackle the wide range
of problems the industry faces and to clean up
the sector as a whole, and drive down the cost
of motor insurance that way. The first steps should be:
• No claims to be settled without a medical –
no medical, no damages;
• Better regulation of insurance companies to
stop sharp practices such as third party capture;
• More collaboration to combat fraud;
• Robust regulation of claims management companies;
• Better enforcement of data protection legislation;
• To work with medical organisations to develop a
better understanding of what soft tissue injuries
can be caused by motor accidents; and
• Continued improvement in vehicle safety to reduce
and prevent head and neck injuries.
Most importantly, MASS is pushing for better cooperation between all affected parties to clean up the
sector. Everyone, including government, insurers, the
car industry, accident victims, medical professionals,
legal professionals, and the third sector, needs to work
together if any real progress is to be made.
In Whitehall and Westminster
The future of the motor accident sector will ultimately
be determined in the corridors of Whitehall, and
shaped by pressure from Parliament. MASS’s priority
must be to ensure that Government understands and
knows the practical implications of its reforms and
have all the information and ideas it needs to reach
the best possible decisions.
The MASS team has already met officials at the
Ministry of Justice and will be meeting with a senior
team again soon to discuss the package of reforms.
MASS is also pursuing meetings with Ministers in the
Ministry of Justice and Department for Transport and
has made Members’ views clear to the Prime Minister.
In Parliament, there has been a real spike in interest
and activity relating to the reform package for the
motor insurance sector. In recent weeks parliamentary
questions have been asked and answered almost
every day the House is sitting. MASS is taking every
opportunity to write to interested MPs and Peers
and share your views and data.
At the end of May, Opposition Whip Lord Kennedy
held a debate in the House of Lords on standards in
the claims management sector which set out some
sensible and balanced proposals for improving the
system and addressing vexatious claims. MASS met
with Lord Kennedy before the debate and offered
briefings to all the Peers planning to speak.
Our messages are gradually getting through. During
the debate, Former President of the Liberal Democrats,
Baroness Scott of Needham Market said: “The Motor
Accident Solicitors Society has made the valid point to me
that this is a complex area, and people often need help
to make claims for legitimate injuries. It is entirely in the
interest of good practice in the industry to weed out the
bad people and ensure that they are removed.”
MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
7
Getting the Message
to the Public
The MASS team has also been working hard to
get this collaborative message out to the press
and public. MASS is working ever more closely
with the trade, regional and national press to
ensure that everyone, from the Insurance Times
to Law Society Gazette, the Financial Times to the
Daily Mail, knows how each Government proposal
will affect accident victims.
Building these relationships puts MASS in a good
position to comment on current events. For example,
following the OFT announcement at the end of
May asking the Competition Commission to look
at the motor insurance market, MASS’s comments
appeared in The Post, The Law Society Gazette, itv.com
and the Insurance Times. MASS Chair, Donna Scully,
has also been asked to comment on everything from
the Insurance summit to the RTA Portal consultation,
and recently to set out MASS’s position in the
whiplash debate in the Insurance Times Apex
column (see inset).
Insurance Times
24th May 2012
MASS is also appearing more than ever in
the broadcast media. In May alone, MASS
representatives have appeared several times
on the BBC, including Five Live Breakfast and Radio
Four, as well as contributing ideas and comment
to consummer programme You and Yours.
Early but significant steps have been taken
into the realms of social media as well.
(See our special feature on p10). The MASS twitter
account @MASSsays gathered over 100 followers
in its first ten days. The MASS LinkedIn group
had over 120 Members within weeks.
What next?
MASS’s message of co-operation to tackle the
complex series of proposals and implement
workable reform is making the organisation stand
out. John Hyde from the Law Society Gazette
recently wrote: “It was refreshing to hear the response
of the Motor Accident Solicitors’ Society, which called
on ‘insurers, solicitors, government and regulators to
stop blaming one another’.”
But politics is a tricky game, and its twists and turns
are difficult to predict. We need to be prepared
for whatever may come next. The MASS Executive
Committee will be working to ensure that we can
maintain the momentum we are starting to build
and keep the debate on the right lines. By staying
on the front foot we hope that we will ensure that
the voice of accident victims is heard and that we
can challenge some of the most alarming elements
of the Government’s proposals.
"We are compelled by law to insure our vehicles.
But if the right is removed for innocent accident
victims to claim damages through independent
legal representation, what’s the benefit?
We all want a reduction in premiums, but not
at any price. Eliminating conduct that encourages
fraudulent claims is paramount. From victims
who claim fraudulently, through the cold callers
encouraging them, to those who harass people
into making spurious claims, action must
be taken. Let’s work together on combating
fraud and share intelligence with others in
the supply chain.
We believe there should be no damages without
a medical report. Pre-medical offers encourage
fraud and increase spurious whiplash claims.
But raising the small claims limit in personal injury
is not the answer. Let’s work together to reduce
bad claims, not penalise the genuinely injured."
Donna Scully, MASS Chairman
MASS Whiplash Campaign:
Key Messages
1. What we agree with?
• Some areas of the claims industry such
as claims management companies, behave
badly, are poorly regulated, and cause
distrust of the wider legal community.
• There is opportunity for fraud in the current
whiplash claims system, which needs to be
addressed urgently.
• Fraudulent claims are one of many factors
contributing to the rising cost of motor
insurance for consumers.
• Strong action is needed on unsolicited
marketing, including texts, calls and other
forms of advertising.
• Compulsory medical examinations in the
claims process are crucial to help to reduce
the levels of fraud.
• We welcome the Government’s wider interest
in the motor industry and the myriad of factors
that could contribute to lowering the cost of
motor insurance, including education, training
and monitoring for new and young drivers.
2. What we are concerned about?
• We are concerned by the growing myth
that whiplash is not a genuine injury. It is
real and there is a wealth of evidence that
demonstrates its potentially debilitating impact
and longterm consequences.
• Legitimate accident victims suffering from softtissue injuries will be prevented from receiving
the redress they need and deserve. We have
to have a solution which does not throw out
the good with the bad.
Catherine McGrath
Account Director
Madano Partnership
Tel: 0207 593 4000
Email: catherine.mcgrath@madano.co.uk
www.madano.com
• We strongly oppose the Government’s
proposal to increase the small claims limit in
personal injury cases from £1,000 to £5,000.
This idea was consulted on at length and
rejected by the Ministry of Justice in 2008
on the grounds that it would stop genuine
accident victims from receiving justice.
• Reducing legal fees to an artificially low
level may have the unintended consequence
of lowering the quality and standards of
representation in whiplash cases, and
increase the number of fraudulent claims
taken on. It could also lead to legitimate
claimants having to fight for compensation
without legal representation, therefore
eroding access to justice.
• Imposing an arbitrary accident speed (e.g. 15
miles per hour) below which a claim cannot be
made has little medical foundation, as serious
injuries can occur even in low speed collisions.
In addition, satellite litigation and unnecessary
costs may be generated by arguments over
evidence of exact speeds, for example, was
the claimant driving at 15mph or at 14mph?
• Technology such as telematics could have a
role in reducing fraud and bringing down the
cost of motor insurance in the future, but it is
not a panacea. These schemes are currently
unproven and cannot be relied upon as an
absolute measure when all circumstances and
individuals are different.
3. What are our additional solutions?
• Better co-operation between all affected
parties to clean up the sector. We need a
holistic approach involving government,
insurers, the car industry, accident victims,
medical professionals and legal professionals.
• Compulsory medical examinations. No
whiplash claim should be settled without
a medical examination – no medical,
no damages. This would help to reduce
fraudulent or exaggerated claims.
• Robust regulation of claims management
organisations. This would reduce the negative
impact they have on the industry.
• Better enforcement of data protection
legislation. This would prevent the misuse
of customer data, which concerns consumers
and brings the industry into disrepute. It would
also curtail the use of unsolicited marketing
to encourage people to take up fraudulent
or exaggerated claims.
• Better regulation of insurance companies is
needed to stop sharp practices such as third
party capture (pressuring claimants to settle
before the case has been fully considered).
• More collaborative approach to combating
fraud.
• Work with medical organisations to develop
better knowledge and understanding of
what soft tissue injuries can be caused by
motor accidents and making sure medical
examinations and reports are substantive
and objective.
• Continued improvement in vehicle safety to
reduce and prevent head and neck injuries.
MADANO PARTNERSHIP
8
MASS NEWS JULY 2012
MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
9
MASS goes all social
media with @MASSsays
MASS responds to extension of
RTA portal scheme to £25,000
• The current protocol must be reviewed carefully
and in particular with regard to medical evidence
and interim payments.
information is spread from one source to everywhere
possible, social media promotes peer-to-peer
communication, giving individuals (or organisations)
the choice to opt in or opt out of virtual conversations.
This article’s headline is perhaps slightly misleading,
because as 330 followers online know, MASS has been
live on Twitter with @MASSTraining since December
2009 promoting their excellent training courses.
But until very recently MASS has not used social
media as a direct communications channel to gets its
positions and views across, forge links with relevant
stakeholders including the media, provide information
to Members and anyone else interested and seek to
develop the MASS profile with opinion formers.
Twitter seems to be everywhere these days.
Newspapers, somewhat ironically, tell their
readers about a Twitter argument or gaffe
that happened the previous day. TV and radio
programmes, conferences and virtually any live
event have something called a “hashtag” attached
to them (the BBC is very fond of them). There are
now over 10 million Twitter accounts in the UK.
And so it goes on.
As with any verbal communication, it is probably fair
to say that most of what happens on Twitter is entirely
meaningless or banal unless you’re familiar with those
having the conversation. But used wisely, Twitter is not
just a useful communications tool but is increasingly
essential for any organisation that wishes to engage
with its external audiences. For those of you already
familiar with Twitter, you’ll also know that it can be
enlightening, inspiring, funny and maddening –
just like any other conversation.
The world of politics and public policy debate has
embraced Twitter as its own. Dan Hodges, a political
commentator, perfectly summed up the growing
importance of Twitter recently when he said that
“Twitter is to politics what Sky is to football”. In early May
the BBC News website ran a piece headlined “How the
hashtag has shaped political debate” (famous recent
ones are #grannytax and #pastytax). With the decision
having been taken to ramp-up MASS’s media and
public profile earlier this year in order to engage more
effectively on a variety of important issues impacting
Members, having a social media presence wasn’t an
option, but a necessity.
As most of you will know, social media is media
(whether words, photos or video) that is spread
through a variety of popular web-based technologies
such as Facebook, Twitter and LinkedIn from your
desktop computer, laptop, tablet and increasingly
your mobile phone. Unlike traditional media where
10
MASS NEWS JULY 2012
In mid-May this year MASS quietly launched its
@MASSsays Twitter account followed closely by its
own LinkedIn discussion group. It is very early days
of course but both are steadily building its profile and
reach (followers and group Members). The full range
of current topics have been covered: whiplash, the RTA
portal, the OFT inquiry, implementation of the LASPO
Act, fraud and the regulation of CMCs. Chris Lodge
of Kaslers Solicitors has generously given up his time
to lead on developing the LinkedIn group which has
around 120 members at the time of writing.
We would strongly encourage all Members to join the
conversation either on Twitter or in the MASS LinkedIn
group. It will hopefully keep you informed of what is
being said and written about on the issues that will
impact you and your companies, what MASS is saying
and doing in these areas, and will provide a channel
to offer your own views and opinions.
If you’re still confused about this social media
malarkey, please don’t be! There are plenty of good
introductory guides out there to get you started but
you can begin by just watching what is going on
before taking the plunge and actually joining in
with your first tweet or post (LinkedIn), either
individually or at a corporate level. But be warned,
you can easily get hooked – as we all know, however,
(unless you’re under 25), there’s a whole life for
living away from our screens and mobiles and
nothing beats face-to-face contact.
Tim Carr
Madano Partnership
Tel: 0207 593 4000
www.madano.com
• When extending the protocol for claims up to £25,000,
other elements must be considered including witness
statements, cost provision, level of case handler, special
damages and necessary changes to the electronic portal.
A full copy of the response submitted by MASS can be found
on the MASS website under the link http://mass.org.uk/
images/pdf/moj-extension-of-rta-portal-may-12.pdf
Roger W Henderson
Lyons Davidson Solicitors
Members will recall the recent consultation on extending
the RTA portal system, both vertically for motor PI to
£25,000 and horizontally for EL and PL.
1 Endeavour House
Parkway Court
Marsh Mills
Plymouth PL6 8LR
In summary, MASS urged a cautious approach to be taken
before any extension, including the following points:
Tel: 01752 300 530
• It is important to recognise the different types and
complexities of claims/injuries that will be encompassed
in such an extension, eg moderate psychiatric damage
and moderate PTSD.
Email: rhenderson@
lyonsdavidson.co.uk
www.lyonsdavidson.co.uk
• It may well be that as a consequence of these, only a small
number of cases will fall within the extended protocol.
A flexible approach to
personal injury claims
SCOTLAND
For any type of claim, our specialist team is flexible
to fit the needs of the instructing party. We can
assist in assessing claims for:
• loss of earnings to the employed in particularly complex
cases involving career progression
• loss of earnings to the self-employed
• loss of pension benefits
• loss of employee benefits
• loss of dependency in fatal accident claims.
To find out how we can help, please contact:
Simon Philpott
020 7131 8412
simon.philpott@smith.williamson.co.uk
RANKED BAND 1*... NO BULL
* Chambers Guide to the UK Legal Profession and the Legal 500 for 2009
Scottish Case - Digby Brown can assist with
personal injury claims and uninsured loss recovery.
Referral fees paid
Access to funding/legal expenses insurance
www.smith.williamson.co.uk
Smith & Williamson Limited Regulated by the Institute of Chartered Accountants in England
and Wales for a range of investment business activities. A member of Nexia International.
accountancy • corporate advisory • financial services • investment • tax
For further information contact:
Brian Castle on 01382 205913
Email: brian.castle@digbybrown.co.uk www.digbybrown.co.uk
Offices: Edinburgh, Glasgow, Dundee and Glenrothes
MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
11
Decisions that litigators make
strategy, tactics and mediation
Members of MASS make hundreds of strategic
and tactical litigation decisions about settling
claims every week. As we all know, most claims
are settled prior to trial, and the majority of
those reach settlement by routine negotiation
methods. Such methods usually work well and
in the writer’s view mediation will only ever be
used in a minority of motor claims, but here
are 10 reasons why mediation is of increasing
relevance to practitioners in this area.
The absence of expert evidence was cited as
justification for a failure to mediate, but the court
responded that the rationale of Halsey was the
saving of costs and this is achieved (or at least
attempted) by the parties being prepared to
compromise without necessarily having as complete
a picture of the other parties' case as would be
available at trial. (Paragraph 45).
1. Insurers are using mediation
more
“It is not enough, ...that there had been some attempt
in the correspondence between solicitors to settle
the case. The opening bids in a mediation are likely
to remain as belligerently far apart as they were in
correspondence but no-one should underestimate
the new dynamic that an experienced mediator
brings to the round table. He has a canny knack of
transforming the intractable into the possible. That is
the art of good mediation and that is why mediation
should not be spurned when it is offered.”
CEDR’s “Fifth Mediation Audit” reported that 8,000
cases had been mediated in 2011, an increase of
15% on the previous year. 20% of mediated cases
involved an insurance element. These findings
are not inconsistent with the soundings exercise
summarised in Panel 1.
2. Jackson Implementation
The procedural and rule changes that form part of
the Jackson package will be with us in 2013. They
are significant because they herald a hardening of
the judicial attitude towards the failure to comply
with the CPR1.
The Pre-Action Protocol for Personal Injury Claims
currently provides that parties should consider
whether to use ADR and may be required by the
Court to provide evidence that it was considered.
Failure to follow the protocol is something the
Court must have regard to such conduct when
determining costs. (Paragraph 2.16).
At present, these aspects of the protocol are
more commonly observed in the breach. How
will the courts deal with this situation in 2013?
Note that the courts are becoming more discerning,
particularly when reviewing a party’s explanation
for failing to mediate2.
3. Judicial encouragement
and costs sanctions
The leading case of Halsey v Milton Keynes General
NHS Trust3 sets out guidance about costs and what
may constitute an unreasonable refusal to mediate.
Recent decisions suggest a strengthening judicial
attitude in this area.
In PGF II SA v OMFS Co [2012] EWHC 83 (TCC) the
court decided that a failure to respond to an offer
to mediate, amounted to an unreasonable refusal
that should sound in costs. It found that there were
reasonable prospects that a mediation would have
been successful and the parties, being well-advised,
would have been able to reach an accommodation
(Paragraph 42).
12
MASS NEWS JULY 2012
More recently, in Ghaith v Indesit Company UK
Limited 4 the Court of Appeal said:
It should also be noted, however, that refusing
to mediate will not always result in sanctions5.
4. Results – 90%
The outcome of mediation is most often a
settlement. It is common ground that most PI cases
do settle. Nevertheless, the settlement rates shown
in Panel 2 are high when it is taken into account that
all cases are put forward for mediation on the basis
that they have not settled, or are not likely to settle
by conventional means.
5. Mediation works with difficult
cases and difficult people
Increasingly, the underlying reason given by
personal injury counsel and solicitors for bringing a
case to mediation in preference to a joint settlement
meeting is that there is some difficulty with the
claim, one or more of the people involved, or both.
Examples are:
• the claimants injuries are in part psychological,
• there is an emotional element, such as in a
contested fatal claim,
• the amount claimed is higher than for many
claims involving similar injuries,
• or complications arise from there being more
than one defendant.
The one thing these claims always have in
common is a gulf between the Schedule
and Counter-Schedule.
6. Fixed Fees
The move towards fixed fees is an ever continuing
trend, the next click of the ratchet being the new
fee regime that will apply when the RTA Portal is
extended. Mediation can help deal with fixed fees
because the process can be used as a tool to settle
cases earlier, particularly where a client places a
premium on early settlement. You do not need a
trial bundle to mediate, just sufficient information
to make a business decision.
7. High value/low value,
personal injury to credit hire
Catastrophic PI claims figure among the type of
claims that are regularly mediated. Perhaps more
surprising is the increasing use of telephone
mediation to deal with low value claims. There
would rarely be sufficient cost benefit to justify
using mediation for individual credit hire claims,
but again telephone mediation is available.
Another approach that has been successfully
adopted with credit hire is a one day mediation
of a basket of claims that enables senior
representatives on each side to agree some
principles and compromises on sticking points that
impact on large volumes of claims. Mediation is
flexible and the prospect of immediate settlement
often makes sense to business clients.
8. Payment of costs with damages
In olden times the cheque for the claimant’s
solicitor’s costs came in the same envelope as that
containing the damages. A well prepared claimant’s
solicitor can often agree costs at the mediation as
well as damages – good for cashflow.
9. Government and MoJ policy
Recent MoJ policy has consistently urged the
greater use of mediation6. The same applies in
the EU. See, for example, a recent EU directive
concerning consumer disputes7.
10. The Court of Appeal scheme
A new pilot mediation scheme8 includes all
personal injury claims up to the value of £100,000
for which permission to appeal is given. Parties are
expected to mediate unless the presiding judge
says otherwise.
Mediation may not be a tool to use every day,
but it’s a good one to have in your bag and to
get experience at using.
See the cases reported on page 18 of the Law Society Gazette, 31 May
2012 and the editorial comment that the Court of Appeal is already
moving in this direction.
2
See PGF II SA v OMFS Co [2012] EWHC 83 (TCC) where the court made
it clear that a party should put reasons for refusing mediation in
writing at the time adding “...the court should be wary of arguments
only raised in retrospect as why a party refused to mediate or as to
why it cannot be demonstrated that a mediation would have had a
reasonable prospect of success” (para 44).
3
[2004] EWCA Civ 576; [2004] 1 W.L.R. 3002, CA
4
[2012] EWCA Civ 642
5
Swain Mason & others v Mills & Reeve [2012] EWCA Civ 498
6
https://consult.justice.gov.uk/digital-communications/county_
court_disputes
7
http://ec.europa.eu/consumers/redress_cons/adr_en.htm
8
http://www.civilmediation.org/news/new-pilot-to-show-mediationcan-work-for-the-court-of-appeal/61
1
PANEL 1
Industry soundings on attitudes to mediation
22 senior solicitors, barristers, and experienced claims
representatives were surveyed.1
1.70% of respondents have used mediation, achieved savings
and said it featured in their thinking as an option.
2.Do your solicitors deal with mediation? 64% said yes.
3.Is mediation built into your procedures and practices? That is,
is it part of the thinking of your claims teams? 48% said yes.
4.There were several “bad” experiences of mediation that seem
to have been caused by the need to bring a mediator up to speed,
not on the specific dispute itself, but on a basic insurance principle
associated with the dispute.
5.Have you used mediation? 70% said yes If so, in what types/classes
of claims.
a. A variety of cases, particularly cases involving a difficult point
of public law and involving emotional issues. For example,
a fatality caused by a falling tree.
b. Used in personal injury, professional indemnity and
commercial cases.
c. Have used mediation as an adjuster. Remember particularly
an EL claim where the parties were miles apart on quantum
and we decided to mediate before resorting to litigation.
A survey conducted by independent consultants for Expedite
Resolution Limited. It is described by them as a careful soundings
exercise rather than statistically reliable research.
1
PANEL 2
“There is a widespread belief that mediation is not suitable for
personal injury cases. This belief is incorrect. Mediation is capable
of arriving at a reasonable outcome in many personal injury cases,
and bringing satisfaction to the parties in the process. However, it
is essential that such mediations are carried out by mediators with
specialist experience of personal injuries litigation.”*
Settlement Rates: the proportion of difficult personal injury cases
that settled on the day of the mediation, or shortly afterwards.**
Year
Settlement Rate
2008
95.45%
2009
85.00%
2010
91.67%
2011
86.49%
88.62%
* Lord Justice Jackson, Costs Review, Final Report, January 2010.
** Statistics provided by Trust Mediation Limited
Tim Wallis is a mediator with Expedite Resolution and Trust Mediation.
He is also independent chairman of RTA Portal Co Ltd and ABI’s GTA
Technical Committee (credit hire) and chairs the Civil Justice Council’s ADR
working party. Tim contributes the ADR sections
of "The White Book" and APIL’s “Personal Injury Law,
Practice and Precedents”
tim wallis Expedite Resolution
Tel: 0844 879 3166
Email: tim.wallis@expediteresolution.com
www.expediteresolution.com
MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
13
"There's an app for that"
Innovation to support medical reporting
during the insurance claims process
During a six month proof of concept, insurers that received
reports incorporating the new biometric identification of
claimants attending a medical interview confirmed that they
valued them as robust evidence of proof of identity. Insurance
expert Martin Ward from Green Circle Consulting commented:
“We have questioned whether some claimants are defrauding
the system by sending stand-ins to the medical interview in order
to try and make fraudulent or over-exaggerated claims. Now
that medical experts can capture photographic evidence of the
individual being assessed via the Corex iPhone application, such
cases will be exposed and act as a future deterrent to fraudsters”.
Medical experts have equally welcomed the innovation.
Dr Fotiadis, a medico-legal expert in London explained:
“The new iPhone application takes me five seconds to use for
each claimant and gives me a simple and reliable method of
establishing the identification of the claimant and recording it in
my report. It has already identified a case of incorrect identity.”
To find out more about the new Corex iPhone app, visit:
www.isaastechnology.co.uk or call 0844 567 5030.
Dr David Pearce
Chief Technology Officer
iSaaS Technology Ltd
About
iSaaS
iSaaS Technology is an innovative cloud computing
specialist, pioneering ‘software as a service’ products
including Corex and ePIsource.
The team includes a qualified solicitor, former IT
Director for a Top 100 law firm, a GMC registered
Doctor and software development experts.
iSaaS has worked on several successful projects and
implementations for businesses ranging from start-ups,
industry-wide technology solutions in the legal services
arena to PLCs with specialist IT requirements, both
within the UK and overseas.
For further information please contact:
Tel: 0844 587 0030
Anne Staunton or Hayley Tea
Email: info@isaastechnology.
co.uk
Peak Marketing & Communication Services Ltd
Tel: 020 8661 2444
www.isaastechnology.co.uk
Email: anne.staunton@peak-marketing.co.uk
Email: hayley.tea@peak-marketing.co.uk
Proof of identity is a crucial factor relevant to
all aspects of the insurance claims process and
the professional parties involved.
Currently, the accepted forms of proof of identity
available to doctors undertaking medical
examinations – including credit cards and photo
ID driving licences – are vulnerable to fraudulent
manipulation. Compounding the situation further,
doctors often do not have the time or facilities
to photocopy or keep a permanent record of the
documentation provided. Recognising the need
for a simple, swift and robust solution, cloud
computing specialist, iSaaS Technology, developed
a new biometric identification iPhone application
for medical experts, to help diminish fraudulent
activity during the personal injury claims process.
The application – which can be used on an iPhone,
iPod or iPad – records biometric evidence, in
the form of a photograph taken by the medical
expert when examining the claimant. It then
automatically appends the photograph to the
medical report, embedded with the date, time and
GPS stamps, through cloud synchronisation. The
application is a free accessory to Corex medical
report writing software. Corex, which has been
used by medical experts since 2004, is a template
based system which allows the user to express his
or her own words at each and every part of the
reporting process.
Launched to the market in May, the new
application is a major step forward in meeting
the challenges set down by the Transport Select
Committee’s recommendations for tackling fraud
in whiplash and personal injury claims. According
to new figures released by the Association
of British Insurers (ABI), the thriving whiplash
industry is pushing up the cost of the average
motor insurance policy by 20%. Capturing and
recording an image of the claimant during the
medical examination process will have a significant
impact on the number of fraudulent and overexaggerated claims.
Claimant lawyers recognise the development
as a positive step in improving the accuracy of
medical evidence and welcome the opportunity to
cross check the photograph in the medical report
with the photo ID they hold on file, supporting
SRA compliance and money laundering
regulations. Kieran Magee a Partner at Gorman
Hamilton Solicitors said: “I am in favour of this
application and can see it as a great practical tool to
assist us in combating fraud. If the claimant refuses to
have their photograph taken by the medical expert,
I would have to question why? This would lead us
to further scrutinise the case – and could result in
us ceasing to act for that particular client. This will
protect honest policy holders from the impact of
fraudulent claims”.
Driving medical reports
through the cloud
is a LAPSO-compliant cloud-based
innovation that means you no longer need to outsource
to MROs. It includes automated access to a nationwide
panel of clinicians, who are only paid on settlement.
Swift, simple and secure, it will improve your client
service and transform your bottom line.
With
, the sky’s the limit.
Contact us for a free
demonstration:
T: 0844 567 5030
E: info@isaastechnology.co.uk
www.isaastechnology.co.uk
Powered by:
iSaaS_MASSad_179x125_V1.indd 1
14
MASS NEWS JULY 2012
31/05/2012 17:11
MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
15
MOTOR INSURANCE MARKET REFERRED
TO COMPETITION COMMISSION
On the 31st May 2012, the Office of Fair
Trading (OFT) announced that it was
provisionally referring the private motor
insurance market to the Competition
Commission.
The referral by the OFT was made after a probe
found that insurers compete in a “dysfunctional”
way that increased insurance premiums by
£225 million last year or £10 per driver. More
details regarding the referral by the OFT are
contained in the statement below.
At a time when the insurance industry is blaming
virtually every other person for increasing motor
premiums including lawyers, the referral, if
upheld, will severely discredit insurers who must
make sure their own house is in order before
criticising others.
A consultation has been opened for
representations to be made by 5th July 2012.
Needless to say, MASS will be submitting a
suitable response.
otor insurance
m
te
iva
pr
r
fe
re
to
es
cid
de
y
all
on
isi
OFT prov
market to competition commission
ive replacement
• Not-at-fault drivers appear to rece
refer the
to
ided
dec
ally
ssar y, leading to
ision
nece
prov
than
has
ods
The OFT
vehicles for longer peri
to the Competition
rer to cover.
insu
er’s
driv
ult
at-fa
private motor insurance market
the
inflated bills for
rers
insu
that
ence
evid
d
foun
Commission after it
that the following
that may push up
The report also provisionally found
compete in a dysfunctional way
cost of repairs to not
ion a year.
practices appear to be inflating the
premiums for drivers by £225 mill
average each time:
on
£155
at-fault drivers’ vehicles, by
ult driver’s
After a road traff ic accident, the at-fa
and rebates from
cost of repairs
• Certain insurers receive referral fees
insurer is responsible for meeting the
liers. It appears
supp
s
part
and
liers
supp
er.
t
driv
at-fault
repairers, pain
and replacement vehicles for the notand rebates
fees
d today, the OFT
that the cost of paying these referral
However, in its market study publishe
passed to the
g
bein
bills
ir
ult drivers have
to insurers increases the repa
found evidence that insurers of at-fa
rer.
these repairs and
at-fault driver’s insu
little control over the way in which
the
or
out
ied
with their approved
carr
are
ices
serv
ent
vehicle replacem
• Certain insurers have agreements
s when repairing
repairers to charge higher labour rate
associated costs.
h they insure,
whic
er
driv
driver and others,
the vehicle of the not-at-fault
Instead, insurers of the not-at-fault
at-fault
the
to
ed
pass
g
bein
,
tions and repairers
leading to higher bills
such as brokers, credit hire organisa
rol as an
driver’s insurer.
can take advantage of this lack of cont
ugh rebates
thro
the OFT, said:
s
nue
reve
e
erat
gen
to
nity
opportu
John Fingleton, Chief Executive of
of
rers
insu
of
s
cost
appear to work well
and referral fees and so inflate the
"Competition in this market does not
or
sect
the
for
rers have on gaining
way
insu
nt
that
ficie
s
inef
focu
at-fault drivers. This is an
for drivers. We believe the
ate
priv
providing
their rivals’ costs
to operate, raising the total costs for
the competitive edge through raising
ng.
payi
need to for their
up
motor insurance which drivers end
means that drivers pay more than they
are distracted
rers
insu
, the OFT has
motor insurance policies. Because
On the basis of the evidence collected
value of service
and
ity
qual
the
on
there are features of
from competing primarily
reasonable grounds to suspect that
s for greater efficiency
that prevent, restrict
provided to insured drivers, incentive
the private motor insurance market
ear to be an appropriate,
would work better if
may be reduced. There does not app
or distort competition. The market
provisionally decided
quality and value of
quick fix to these problems. We have
insurers competed primarily on the
the Competition
by
tion
stiga
drivers, rather than
that a more in-depth inve
the service each provides to insured
tional tools at
addi
of
e
rang
ng
a
raisi
has
h
edge through
Commission, whic
focusing on gaining the competitive
their own revenues.
its disposal, may be necessar y."
rival insurers’ costs and increasing
made and the OFT
ally found that
Written representations have been
The OFT’s market study has provision
October 2012.
by
sion
te the cost of
expects to reach a final deci
the following practices appear to infla
ers,
at-fault driv
replacement vehicles provided to not31st May 2012
e each time:
nsiv
expe
e
mor
£560
age
aver
making it on
y insurers of not-at-fault
• After road traff ic accidents, man
r those drivers to credit
refe
,
drivers, brokers and repairers
ge higher daily hire
char
to
tend
that
hire organisations
of between £250 and
rates, in exchange for a referral fee
£400 per car hire.
16
MASS NEWS JULY 2012
Highway Code app launched
to improve road safety
One of Britain’s most iconic publications has
undergone a digital revolution as Transport
Secretary, Justine Greening, marks the
Highway Code’s 81st year by launching it
as an interactive app for smartphones.
The technological transformation will make it even
easier for road users to keep up to date with the
rules of the road.
Much of the Highway Code’s content has changed
considerably since its launch in 1931. For example
mirrors were not even mentioned in the first
edition and drivers were advised to sound their
horn when overtaking.
How road users access its content has also moved
with the times. It is already free to read online, can
be downloaded as an ebook and there are also
Facebook and Twitter accounts offering regular
topical reminders.
Now a new app for the iPhone, iPad or iPod Touch
will make it even easier to keep up to date with
the rules of the road through a more intuitive,
interactive format.
Transport Secretary Justine Greening said:
“With more and more of us using smartphones and
other devices it’s vital that products like the Highway
Code adapt to be as accessible as possible."
“The app makes it easier for everyone to keep their
knowledge up to date and is a great example of how
new technology can help to improve road safety."
“The Highway Code has been helping to save lives for
more than 80 years and, with innovations like this,
I am confident it will do so for many more to come.”
The new app includes the complete contents of
the Highway Code with a search facility making
it easy to find rules and information. There are
also interactive features like quizzes, a stopping
distance calculator and a tool to help users identify
road signs.
The Official Highway Code app is available
on iTunes for £3.99.
The Highway Code is free to view online at
www.direct.gov.uk/highwaycode.
MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
17
LOCKTON/MASS PROFESSIONAL
INDEMNITY SCHEME
This is just a short note from your ever
watchful Treasurer, to encourage those
firms that haven’t already done so, to
supply Lockton with a copy of your
professional indemnity application
form to enable them to supply you
with a competitive quote.
The experience of MASS Members so
far, and particularly members of the
Management Committee, has been
extremely favourable and, due to
the attractive profile of MASS firms,
the premium quotes have been very
competitive. Not only this, but you
have the support of one of the largest
professional indemnity brokers if and
when you have the need to use them
(hopefully not!).
To date out of 160 potential firms,
Lockton have 41 current clients and they
have received what they call “decision
making data” on 43 which leaves
76 who have not responded at all.
I do hope those of you that haven’t
already done so will be able to furnish
Lockton with a copy of the application
form, and if it is not your responsibility
perhaps you would be kind enough
to make sure that this article is placed
before those responsible. The contact
details for Lockton to enable you to do
so are:
Lockton Companies
138 Houndsditch
London EC3A 7AG
David Pinto
For MASS Members, the AGM (Thursday 8th
November) will be particularly important and
we encourage you to attend and participate in the
crucial discussions and decisions governing how
‘your Society’ will adapt through the ever changing
world of personal injury and continue to prosper
in the future.
MASS Treasurer
Pinto Potts, Aldershot
Tel: 01252 361 200
Tel: 020 7933 2692
Email: kevin.culliney@uk.lockton.com
Email: david.pinto@pintopotts.
co.uk
Email: brian.boehmer@uk.lockton.com
www.pintopotts.co.uk
Professional Indemnity Scheme for
MASS Members
0845 0501 471
solicitors@uk.lockton.com
Lockton Companies International. A Lloyds Broker. Authorised and regulated by the Financial Services Authority.
MASS NEWS JULY 2012
8/9th November 2012
The commission that MASS earns from
the placing of professional indemnity
business with Lockton has meant that we
have been to able to maintain the fees at
their present level to a very large extent
and indeed to fund our very significant
lobbying fees and expenses without the
need for a Members’ levy.
The old way
The new way
18
MASS AGM & Conference
Due to popular
demand, we have
secured the same
venue as last year
for the MASS AGM
& Conference 2012.
The Hilton Hotel,
Manchester Deansgate
awaits our presence on
8th/9th November 2012.
Housed in the Beetham
Tower, the hotel is a
destination in itself with
the amazing Cloud 23 bar situated on the 23rd
floor providing stunning views of Manchester
through the floor to ceiling windows – it should
not be missed!
MASS conferences are highly regarded due to
the content of the day's programme and calibre
of speakers and this year will be no exception.
Preparations are already well under way and
the issues covered will include:
Once again MASS Training will be providing an
RTA Update session prior to the AGM (10am–1pm).
Take advantage of 3 extra CPD points whilst you
are already out of the office and benefit from
preferential rates for this course if you book
the AGM & Conference as well.
We are well aware of the effects that the present
economic climate is having on businesses and
firms everywhere, so we are pleased to be able
to keep all costs the same as last year.
Booking forms have already been sent out giving
details of the Early Bird rates, but if you have not
received yours or cannot locate it then please
contact Jenny in the MASS Office on 0117 925
9613 or email jenny@mass.org.uk
We have negotiated extremely competitive rates
for accommodation at this 5* hotel, which needs
to be booked early and direct via their dedicated
webpage. All details are on the booking form.
• The practical implications
of extending the RTA Portal
The MASS Conference would not be complete
without our usual fantastic evening Charity Dinner
and Auction, music, entertainment and dancing,
to round off the day.
• Whiplash
We look forward to seeing you in November.
• Interpretation & Policing
of the Referral Fee ban
• Funding a claim – what will be the options
post April 2013?
jane Loney
MASS Executive Director
This is just a taste of what is always a very
informative and thought provoking day, providing
delegates with plenty of opportunity to raise their
own questions and opinions.
MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
19
THE MASS CHARITY
GOLF DAY 2012
Individual MASS Member
Prize winner Greg Smyth (left)
CHARITY roundup
Longest Drive winner
David Pinto (right)
Left to right: Jonathan Fogerty, SIA
Chairman, Naomi Wilson, Manchester
Regional Co-ordinator, Kate Sweeney
Deputy Regional Co-ordinator
Main Sponsor – Compass Costs
Hackers Prize Winner
Sam Green (right)
Individual Non-Member
Prize winner Doug Sloan (left)
Nearest the Pin Winner
Stephen Molloy (right)
Putting competiton winner
David Hamilton (right)
As you know, MASS always has a fair
and balanced outlook and we feel it
only right to mention that Sam Green,
winner of the Hacker’s prize with
1 point, was playing golf for the very
first time so our thanks are due to
Sam who came along to enjoy the
day and walked off with a prize –
good sport Sam!
Best Team Winners Premex i-sign
According to the 134 golfers who
attended, the MASS Charity Golf Day
on Thursday 21st June 2012 was a very
enjoyable and successful day, even the
unsettled weather (one squall starting
at precisely 3.30pm that lasted until
4.45pm) relaxed to provide a warm
and sometimes sunny day. It appears
that this venue – the Welcombe Hotel
Spa & Golf Club – is still a very popular
location for the MASS Charity Golf Day
and we thank them for their hospitality,
excellent service and challenging golf
course! Thank you to everyone who
attended, it’s the golfers who make
the day!
Best Gross Score
Doug Sloan, Premex i-sign
The ‘On the Spot’ prizes for the Beat the
Pro competition were kindly provided
by Compass Costs, and included in their
Main Sponsorship of the day. Thanks
to Emma for her sterling work handing
out the golfers’ goody bags!
And our sincere thanks to the Sponsors
of the MASS Charity Golf Day:
Compass Costs
Main Sponsor of the
MASS Charity Golf Day
MASS congratulates the Prize-winners:
Premex Group
Best Individual – MASS Member
Best Individual – Non-Member
Best Individual – Member
Greg Smyth, McKeowns Solicitors
Just Costs
Team Winners
Best Individual – Non-Member
Doug Sloan, Premex i-sign
Laird Assessors
Longest Drive
Longest Drive
David Pinto, Pinto Potts Solicitors
Mobile Doctors
Nearest the Pin
Nearest the Pin
Stephen Molloy, Antony Hodari
Solicitors
Financial & Legal
Hacker
Hacker’s Trophy
Sam Green, Smith & Williamson
Doctors Chambers
Best Scratch Score
Ebor Claims Services
Best Team
Putting Competition
Premex i-sign
Best Scratch Score Winner
Doug Sloan (right)
20
MASS NEWS JULY 2012
Putting Competition
David Hamilton, Gorman Hamilton
Solicitors
MASS Members continue to
raise funds for the Spinal Injuries
Association with lots of innovative
ideas, time and effort. Here are
some of the fantastic results:
COMPANY FUND RAISING
This year, the Golf Day’s sponsored
charity was FACTOR 50 which is an
organisation that aims to promote
awareness of the danger of over
exposure to the sun, poor use of sun
screens and to encourage regular skin
checks. Since there is an established
link between sporting professionals
and malignant melanoma (and golfers
sometimes forget to put the sunscreen
on before going on the green!), this
charity seemed very appropriate.
Factor 50 is already supported by MASS
Members, Ralli Solicitors, and MASS
thanks them for bringing this worthy
cause to our attention to be supported
by the MASS Charity Golf Day 2012. The
donations for Factor 50 were received
from the Beat the Pro and Putting
competitions, in all totalling £1,632.
Well done and thank you to everyone
for your support.
We look forward to seeing you all
next year!
June Lowe
MASS
Carpenters Solicitors have held two
raffles, one of which included prizes
donated by the staff and those ever
popular ‘dress down’ days, raising a
grand total of £517. Thank you to all
at Carpenters who contributed and
took part!
NORTHERN EFFORTS
The Manchester region held a ‘Hot
Supper Quiz' on 31st May at Tiger
Tiger Restaurant in Manchester which
was a sell-out, raising an astonishing
£4,278.11 for the SIA. Over 200 people
attended the event from all aspects
of the motor claim sector with
companies and firms making up 22
teams competing for a shot at the
top spot. The evening kicked off with
a fun game of “tops and tails” with
the lucky winner getting the latest
Kindle (donated by Eclipse Legal).
Sponsors for the evening included
Forths Forensic Accountants, UK
Independent Medical, John M
Hayes Cost Drafting, William James
Recruitment, St James Chambers,
Birchall & Co Accountants, Paul
Marshall Tax, The Nestor Partnership,
IT Sector, Tiger Tiger Restaurant,
Clarins, DAS 80E, Riliance and
MASS Training.
Craig Budsworth, Vice Chairman of
MASS, was the quizmaster for the
evening and posed tricky questions
to get the teams thinking. Assisting
him were the “SIA Babes” Naomi
Wilson, Regional Co-ordinator and
Kate Sweeney, Deputy Regional
Co-ordinator.
The SIA was also represented on
the night with their team “Wheelie
Fabulous”.
Coming in close second and third
respectively were “Only Smarties
Have the Answer” (Glaisyers
Solicitors) and “Gorman Hamilton
Go Go Goers” (Gorman Hamilton
Solicitors) however the triumphant
winners were The Crazy Costers
from MRN Solicitors who took home
a trophy along with M&S vouchers for
each team member (donated by Laird
Assessors).
The region are now planning an even
bigger, better quiz night for next year.
Well done for such a great concerted
effort by Craig, Naomi and Kate, to all
the Sponsors and to all who joined in
the fun to make the evening such a
resounding success!
June Lowe
MASS
MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
21
MASS MEETINGS
MASS COMMITTEE
The following dates show the majority of meetings that a
representative from MASS has attended / will be attending
from April - June 2012.
Chairman
Donna Scully Carpenters, Birkenhead
t: 08442 493 844 e: dms@carpenters-law.co.uk
Streamlining the Claims Process for RTA Claims
Vice-Chairman
Craig Budsworth Glaisyers Solicitors
t: 0161 832 4666 e: cxb@glaisyers.com
3 April
Portal Extension meeting with MoJ (John Spencer)
11 April College of Law Media Interview re Portal (John Spencer)
12 April Claimant Group meeting re Portal Extension (John Spencer)
25 April Portal Co Board Meeting (John Spencer)
3 May
Portal Co Board Meeting (John Spencer)
7 June
Portal Extension meeting with MoJ (John Spencer)
27 June Portal Risk Review Meeting (John Spencer)
Reform of Civil Litigation Funding & Costs
4 April
SMS Working Party Group meeting (John Spencer)
12 April Claimant Group meeting (John Spencer)
1 May
Meeting with MoJ re Portal Extension (Donna Scully & John Spencer)
1 May
Meeting with Robert Wright (MoJ) (Donna Scully & Jane Loney)
2 MayMeeting with Madano – Public Affairs
(Donna Scully, Jane Loney & John Spencer)
2 May
Radio 4 & 5 Live Interviews (Donna Scully)
4 May
Insurance Times and Solicitors Journal Interviews (Donna Scully)
17 May
CJC CPR Rules sub committee meeting (John Spencer)
23 May
Meeting with Andy Slaughter MP (John Spencer)
28 May
Meeting with Lord Kennedy (Donna Scully)
Others
29 May Law Society ‘Industry’ meeting (Donna Scully & Craig Budsworth)
29 May
Meeting with ABI re fraud (Donna Scully)
18 June CMC Regulatory Group Meeting (Kieran Magee)
22 June MASS Management Committee Meeting
25 June Meeting with Abigail Plenty – MoJ (Donna Scully)
26 June Insurance Times Fraud Charter Board Meeting (Donna Scully)
27 June BICMA Meeting (Ian Carrier, Craig Budsworth & Andy Shaw)
Events
19 April Craig Budsworth attendance APIL Conference
23 April John Spencer attendance Legal Future Conference
26 April Donna Scully speaking at Lyons Davidson Whiplash Conference
15 May
Donna Scully attendance at APIL Whiplash Conference
24 May
Donna Scully speaking at IT Fraud Seminar
21 June MASS Golf Day
The MASS Central Office,
St Bartholomews Court,
18 Christmas Street,
Bristol BS1 5BT
dx 78156 Bristol
tel 0117 925 9604
fax 0117 925 9611
email office@mass.org.uk
22
Treasurer
David Pinto Pinto Potts, Aldershot
t: 01252 361 200 e: david.pinto@pintopotts.co.uk
MASS NEWS JULY 2012
Your one stop shop solutions provider of Accident & Healthcare Services
northern ireland
TBC
Scotland
Tony O'Malley HBJ Claim Solutions LLP
t: 0141 249 6161 e: tomalley@hbj-gw.com
We can calculate:
North East
David Hamilton Gorman Hamilton Solicitors (Newcastle)
t: 0191 232 1123 e: david.hamilton@gormanhamilton.co.uk
Manchester
Naomi Wilson NW Law
t: 0161 772 9921 e: naomi.wilson@nwlaw.co.uk
Yorkshire & Lancashire
Kieran Magee Gorman Hamilton Solicitors (Leeds)
t: 0113 386 2600 e: kieran.magee@gormanhamilton.co.uk
Central East
Matt Currie Irwin Mitchell Solicitors
t: 01384 327200 e: matt.currie@irwinmitchell.com
Loss of earnings/dependency
for self-employed/employed
Loss of pension
Loss of benefits
For further information or to find out how we
can help please contact Vanessa Winspeare
QED
Medicals
QED
Rehabilitation
Solicitor Medical Services
Insurer Medical Services
Rehabilitation Services
QED Care
QED Accident
and Fraud
Investigation
QED
Administration
Accident Investigations
Fraud Investigation Services
Administration Services
QED Private
Tel: 01747 834412 Mobile: 07414 862990
Email: vanessa.winspeare@mjn-forensics.co.uk www.mjnforensics.co.uk
MJN Forensics
Merseyside & Wirral
David Byrne Scott Rees Solicitors
t: 01695 722222 e: david.byrne@scottrees.co.uk
www.iqed.co.uk | call 02920 375231
EXPERTS IN FORENSIC ACCOUNTING
email: mail@iqed.co.uk | PO Box 265, Cardiff, CF11 1GW.
Mount View, Wyke Road, Dorset SP8 4NG
Northern Ireland Advert:Layout 1
15/12/11
11:18
Page 1
Central West
Andy Shaw Higgs & Sons Solicitors
t: 0845 111 5050 e: andy.shaw@higgsandsons.co.uk
East Anglia
Shelyna Mariscal Hansells Solicitors
t: 01603 615731 e: shelynamariscal@hansells.co.uk
South West (Newsletter Editor)
Roger Henderson Lyons Davidson Solicitors
t: 01752 300 530 e: rhenderson@lyonsdavidson.co.uk
South Central
Ian Carrier Withy King Solicitors
t: 01235 557 008 e: ian.carrier@withyking.co.uk
• Omagh
Belfast •
South East
Chris Lodge Kaslers Solicitors
t: 0845 270 2511 e: cml@kaslers.co.uk
Honorary Members
John Spencer Spencers Solicitors, Basingstoke
t: 01256 337 800 e: john.spencer@spencerssolicitors.com
Janet Tilley Colemans-ctts Solicitors
t: 0208 296 9966 e: janet.tilley@colemans-ctts.co.uk
Please send all contributions to:
WE HAVE A HEAD FOR NUMBERS
Neither the Society nor the Editor accept any responsibility for the
accuracy of articles or their contents or for the views and opinions
expressed by individual contributors.
Copyright – Motor Accident Solicitors Society, 2012.
All rights reserved. No part of this publication may be reproduced or
transmitted in any form or by any means, electronic or mechanical,
including photocopying, recording or any information storage or
retrieval system without the prior written permission of the Editor.
Newry •
Solicitors
Northern Ireland
Personal Injury Specialists
Northern Ireland Claims - McKeowns Solicitors can assist with
'Personal Injury' claims and 'Uninsured Loss' recovery.
For further information please contact:
Greg Smyth on 028 30256812 or 07595202404
email: greg.smyth@mckeowns.com • www.mckeowns.com
Offices: Newry, Belfast and Omagh
MASS Bringing justice to the victims of road traffic accidents www.mass.org.uk
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MASS NEWS JULY 2012