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25 September 2009 / David Bywater
Issue: 7386 / Categories: Features , Personal injury
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Entering the breach

David Bywater asks, is malpractice in the PI arena the preserve of solicitors?

The government body, Claims Management Regulation (CMR) recently published its 2009 Impact of Regulation Assessment report. This reviews the impact of its regulation of businesses in the claims management arena over the last year.

Personal injury has an annual turnover in excess of £287m—one of the largest sectors by far for claims handlers.

The report warns that malpractice in this sector is now predominantly the preserve of solicitors who ignore the comprehensive rules regarding referral fees. It claims that many solicitors do not comply with their duty to ensure that claims have been gathered in a way that breaches their conduct rules.

Growth sector

The CMR has been in place for over two years and claims regulation is no longer a small niche area. It now regulates over 2,500 businesses and recently had to intervene in its 100th claims management business.

So is it the responsibility of this already over-stretched body to punish malpractice of solicitors in the pursuit of personal

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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