HIP packs are ditched by Dave & Nick
Our wonderful new government have decided to suspend the use of Home Information Packs (HIPs) with effect from 21st May 2010.
Whilst this will please most property lawyers and conveyancers, the reality is that a mini industry has sprung up over the last 4 years employing between 5-10,000 people in the production of the much criticised packs.
The concept was smart enough, it was just the delivery and in the end a pretty poor final product that did for the HIP.
Thursday, May 20, 2010
Tuesday, May 11, 2010
MOJ RTA roll out Shambles
Our friends at the MOJ have completely messed up the roll out of the new RTA claims process.
11 days into the much heralded new scheme -as things currently stand - around 70% of law firms do not have a live portal user account / password. This means that 70% of firms cannot process their new cases through the MOJ database which is a fundamental part of the overall process.
Instead we are having to revert to the standard method of sending paperwork and a letter of claim to the insurers.
I could tell you the whole alleged truth about why this has happened and explain that the IT company who somehow won the tender for the project had insufficient staff, skills or budgets to ensure delivery. I could tell you that one IT technician allegedly left under a cloud and this affected the whole IT roll out (one person - imaging that, the whole project resting on the shoulders of one person). I could also say that 11 days in we have made more than a dozen phone calls - all but one ignored. The one call that was not ignored involved a member of a different but related company returning to us stalling for more time, there was no explanation about why the main IT firm were not themselves making the call.
This is truly, gobsmackingly inept.
Lawyers led by donkeys
Our friends at the MOJ have completely messed up the roll out of the new RTA claims process.
11 days into the much heralded new scheme -as things currently stand - around 70% of law firms do not have a live portal user account / password. This means that 70% of firms cannot process their new cases through the MOJ database which is a fundamental part of the overall process.
Instead we are having to revert to the standard method of sending paperwork and a letter of claim to the insurers.
I could tell you the whole alleged truth about why this has happened and explain that the IT company who somehow won the tender for the project had insufficient staff, skills or budgets to ensure delivery. I could tell you that one IT technician allegedly left under a cloud and this affected the whole IT roll out (one person - imaging that, the whole project resting on the shoulders of one person). I could also say that 11 days in we have made more than a dozen phone calls - all but one ignored. The one call that was not ignored involved a member of a different but related company returning to us stalling for more time, there was no explanation about why the main IT firm were not themselves making the call.
This is truly, gobsmackingly inept.
Lawyers led by donkeys
Tuesday, April 20, 2010
Election fever hits the legal world
The 2010 General Election has taken over. Its all lawyers are talking about following Cleggs demolition last week of Davo and Gordy.
Whats interesting is that a hung parliament may completely stall any anticipated legal reforms as the policy makers argue the toss and fight for every inch of turf.
Keep up to date with a the scribblings of an old pal of mine - check out the Leeds UK General Election blog. The writers are from deepest West Yorkshire and are dead hard Im telling you.
The 2010 General Election has taken over. Its all lawyers are talking about following Cleggs demolition last week of Davo and Gordy.
Whats interesting is that a hung parliament may completely stall any anticipated legal reforms as the policy makers argue the toss and fight for every inch of turf.
Keep up to date with a the scribblings of an old pal of mine - check out the Leeds UK General Election blog. The writers are from deepest West Yorkshire and are dead hard Im telling you.
Thursday, March 11, 2010
MOJ DELAY
Our friends at the Ministry of Justice (MOJ) have decided to delay the roll out of the much heralded road accident claims reforms. The implementation will commence on the 30/4.
The above site which I believe is run by the IT co-ordinators at Polaris Plus (sounds a bit like a pension plan) has a countdown clock which I find quite amusing. Like the whole world changes when the sands run dry.
My arse
There is no way on earth that either side is ready, equipped and trained up sufficiently for this process to work from the off.
It will be a long lead in in my opinion so dont pay any attention to the countdown clock. The sky is not falling in on the RTA PI world
Not just yet anyway
Our friends at the Ministry of Justice (MOJ) have decided to delay the roll out of the much heralded road accident claims reforms. The implementation will commence on the 30/4.
The above site which I believe is run by the IT co-ordinators at Polaris Plus (sounds a bit like a pension plan) has a countdown clock which I find quite amusing. Like the whole world changes when the sands run dry.
My arse
There is no way on earth that either side is ready, equipped and trained up sufficiently for this process to work from the off.
It will be a long lead in in my opinion so dont pay any attention to the countdown clock. The sky is not falling in on the RTA PI world
Not just yet anyway
Sunday, January 24, 2010
The Jackson Report
There really is no other subject being discussed out there in the personal injury world right now. This thing really is huge.
Ive been around a while and Ive seen many changes. Woolf and Access to Justice, the scrapping of legal aid for (non clinical) PI work, the introduction of predictable fees for RTA's etc etc. It has been a changeable and quite traumatic past decade for the industry.
But things are about to get a whole lot worse: and not just for claimant lawyers
The Jackson recommendations will have an impact far and wide in the industry and there is no escaping the game-changing impact of the report. Yes, its purely a proposal document at this stage but trust me, lots of influential people want this to come in and even a change of government will not prevent the findings being implemented.
So where are the big hits?:
1) No success fees
All non RTA cases will be worth 20-30% less in fees. Even a contingency arrangement (which most of us may drop because of the competitive nature of the industry) will not significantly reduce the loss. Once all the other income layers such as med report fee and ATE (see below) commission get stripped out - you will see a 20% drop minimum
2) Predictable fees for Non RTA cases
Profit pinched even more and with little wriggle room for litigation. If the MOJ RTA scheme goes well then you can bet this will be mirrored in non RTA claims before long. Litigation drop off almost completely for bog standard claims. Defendant lawyers have effectively shot themselves in the foot by lobbying for this.
3) No "After the Event" insurance (ATE)
To me this does make sense in some ways. The ATE cover does allow for a "Teflon" process and a risk free claim for the clients. In no other legal environment does such a soft process exist for the claimant. This should quite rightly change. There ought to be however an exception for clinical claims (below)
4) The new rules would also apply to Clinical Negligence claims
Shock horror and revulsion. They are messing with the last bastion of true access to justice by suggesting that clin neg claims can and should be subject to the same rules. What a load of cobblers. How the heck can you fund a clin neg claim without adequate resources in place not least ATE when you have the risk of a long drawn out case hinging on finite clinical points and a completely intransigent unyielding unreasonable opponent in the NHSLA?
They couldnt give two hoots about injured patients at the NHSLA and make some of the most appalling judgements on case management you have ever seen. The idea that you would be backing such claims either with Third Party funding or some other mechanism is just obscene and very far from allowing access to justice.
5) Claims Management Co's are bad boys and along with referral fees - will be banned
Unenforceable, unreasonable, unlikely to even come close to happening. The industry is too big, too sophisticated and we are too reliant upon the referral system for things ever to radically alter. To enforce this rule would mean slapping some VERY big law firms and re-drafting the mechanism for LEI referrals which make millions for the likes of Aviva and Direct Line.
I could write for hours on this stuff because it is just so big. May add more later but I will wait with baited breath for more news following the election in May.
Exciting [if somewhat scary] times.
Spy
There really is no other subject being discussed out there in the personal injury world right now. This thing really is huge.
Ive been around a while and Ive seen many changes. Woolf and Access to Justice, the scrapping of legal aid for (non clinical) PI work, the introduction of predictable fees for RTA's etc etc. It has been a changeable and quite traumatic past decade for the industry.
But things are about to get a whole lot worse: and not just for claimant lawyers
The Jackson recommendations will have an impact far and wide in the industry and there is no escaping the game-changing impact of the report. Yes, its purely a proposal document at this stage but trust me, lots of influential people want this to come in and even a change of government will not prevent the findings being implemented.
So where are the big hits?:
1) No success fees
All non RTA cases will be worth 20-30% less in fees. Even a contingency arrangement (which most of us may drop because of the competitive nature of the industry) will not significantly reduce the loss. Once all the other income layers such as med report fee and ATE (see below) commission get stripped out - you will see a 20% drop minimum
2) Predictable fees for Non RTA cases
Profit pinched even more and with little wriggle room for litigation. If the MOJ RTA scheme goes well then you can bet this will be mirrored in non RTA claims before long. Litigation drop off almost completely for bog standard claims. Defendant lawyers have effectively shot themselves in the foot by lobbying for this.
3) No "After the Event" insurance (ATE)
To me this does make sense in some ways. The ATE cover does allow for a "Teflon" process and a risk free claim for the clients. In no other legal environment does such a soft process exist for the claimant. This should quite rightly change. There ought to be however an exception for clinical claims (below)
4) The new rules would also apply to Clinical Negligence claims
Shock horror and revulsion. They are messing with the last bastion of true access to justice by suggesting that clin neg claims can and should be subject to the same rules. What a load of cobblers. How the heck can you fund a clin neg claim without adequate resources in place not least ATE when you have the risk of a long drawn out case hinging on finite clinical points and a completely intransigent unyielding unreasonable opponent in the NHSLA?
They couldnt give two hoots about injured patients at the NHSLA and make some of the most appalling judgements on case management you have ever seen. The idea that you would be backing such claims either with Third Party funding or some other mechanism is just obscene and very far from allowing access to justice.
5) Claims Management Co's are bad boys and along with referral fees - will be banned
Unenforceable, unreasonable, unlikely to even come close to happening. The industry is too big, too sophisticated and we are too reliant upon the referral system for things ever to radically alter. To enforce this rule would mean slapping some VERY big law firms and re-drafting the mechanism for LEI referrals which make millions for the likes of Aviva and Direct Line.
I could write for hours on this stuff because it is just so big. May add more later but I will wait with baited breath for more news following the election in May.
Exciting [if somewhat scary] times.
Spy
Monday, December 21, 2009
Legal Spy Predictions for 2010
This being the time of year for reflection I thought I would set out my thoughts and predictions for 2010. In many ways it is going to be a BIG year for the industry and for the country.
MOJ Fast track RTA reforms will crash and burn
The insurers wont cope with the new regime, plain and simple. There will be a roll out of a revised version of the new process by the autumn
HIPs (Home Information Packs) will die a quick death once the Conservatives win their landslide victory
The system isnt working and every conveyancer / solicitors in the industry knows it. Now that the sales surge following the hibernation period during 2008 is over, the slump will return.
50% of legal work and instructions will begin online.
This year we are reliably informed that up to 38% of legal services readily available to the public were initiated online. This can only increase and long may it continue to do so. The web levels the playing field between the smaller firms and the big firms.
More jobs will go
Think we are out of the recession? If you work in law - think again. Many sectors are going to suffer in 2010. Not least in the RTA personal injury field as the MOJ reforms kick in and the pre-lit process becomes automated. Conveyancing will continue to stagnate. Divorce and Family Law may be the safest bet for an aspiring newcomer.
But here's some good news.....
The Conservatives will win the election
How the hell can they lose it?
England will get to the final of the world cup in the summer
What a fantastic summer it is going to be!
Ed Miliband will become the next leader of the Labour Party
Thats right, Ed not his Mekon like brother David. Ed went down a storm at the Recent Copenhagen Summit and God bless him for trying to save the world if nothing else.
Have a Great Christmas readers.
Its been a tough year but the worst may well be behind us.
This being the time of year for reflection I thought I would set out my thoughts and predictions for 2010. In many ways it is going to be a BIG year for the industry and for the country.
MOJ Fast track RTA reforms will crash and burn
The insurers wont cope with the new regime, plain and simple. There will be a roll out of a revised version of the new process by the autumn
HIPs (Home Information Packs) will die a quick death once the Conservatives win their landslide victory
The system isnt working and every conveyancer / solicitors in the industry knows it. Now that the sales surge following the hibernation period during 2008 is over, the slump will return.
50% of legal work and instructions will begin online.
This year we are reliably informed that up to 38% of legal services readily available to the public were initiated online. This can only increase and long may it continue to do so. The web levels the playing field between the smaller firms and the big firms.
More jobs will go
Think we are out of the recession? If you work in law - think again. Many sectors are going to suffer in 2010. Not least in the RTA personal injury field as the MOJ reforms kick in and the pre-lit process becomes automated. Conveyancing will continue to stagnate. Divorce and Family Law may be the safest bet for an aspiring newcomer.
But here's some good news.....
The Conservatives will win the election
How the hell can they lose it?
England will get to the final of the world cup in the summer
What a fantastic summer it is going to be!
Ed Miliband will become the next leader of the Labour Party
Thats right, Ed not his Mekon like brother David. Ed went down a storm at the Recent Copenhagen Summit and God bless him for trying to save the world if nothing else.
Have a Great Christmas readers.
Its been a tough year but the worst may well be behind us.
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