header-logo header-logo

Entering the breach

25 September 2009 / David Bywater
Issue: 7386 / Categories: Features , Personal injury
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll