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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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