header-logo header-logo

12 May 2022
Categories: Legal News , Personal injury
printer mail-detail

Firm must answer questions on alleged ‘secret commissions’

Slater & Gordon has been ordered to provide details of alleged ‘secret commissions’ paid by an insurer, in a test case that could open the ‘floodgates’

The High Court this week ordered the firm to answer Part 18 requests for information from former personal injury clients Rhys Edwards and Wayne Raubenheimer.

Mr Justice Ritchie said the claimant’s ‘desire for answers from the defendant as to the secret commissions allegedly paid by a certain ATE insurer (now in liquidation) as a result of the ATE policy taken out in his personal injury claim by the defendant on his behalf’ lay at the root of the case. Ruling in the conjoined cases, Edwards v Slater and Gordon [2022] EWHC 1091 (QB), he overturned an earlier judge’s decision that the firm was within its rights in refusing to provide the information.

Ritchie J ordered that the part 18 requests be answered so ‘the judge can get a proper grasp of the issues, the claimants can determine whether there is anything to worry about, or whether it is all a storm in a teacup, and the defendant can consider whether to fight or settle the claims for alleged secret commissions’.

NLJ columnist Professor Dominic Regan, of City Law School, said: ‘This is but the opening bout in what may prove to be protracted litigation.

‘Should the claimants in the intended test cases succeed, floodgates could open wide. It could prove to be very expensive indeed. 

‘Mr Justice Ritchie has 35 years of injury experience and is absolutely on top of the subject. To deliver such a thorough judgment in a fortnight is quite astonishing.’

Categories: Legal News , Personal injury
printer mail-details

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll