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10 January 2013
Issue: 7543 / Categories: Legal News
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Gloomy predictions for portal

Claimant lawyers could be out of pocket over RTA reforms

Government proposals to cut fixed fees for low-level road traffic accident (RTA) claims by £700 could leave claimant lawyers £200 out of pocket, according to research commissioned by the Association of Personal Injury Lawyers (APIL).

The reason for the reduction—from £1,200 to £500 for RTA portal claims worth up to £10,000—is that personal injury firms will no longer pay referral fees after these are banned in April.

However, the government’s reasoning has been questioned by legal consultant Andrew Otterburn, whose research is presented in APIL’s response to the Ministry of Justice’s (MoJ’s) proposals to extend the RTA portal scheme.

Otterburn points out that firms will still need to market themselves, either through an in-house department or through a third party, such as a marketing collective or a claims management company.

He says marketing in this sector is complex and expensive, and identifies the cost as being about £700 per case. It can include television advertising, website optimisation, pay per click or direct marketing. Consequently, claimant lawyers stand to make a £200 loss before they begin the average 10 hours’ work required to complete each case.

He concludes: “Unless firms are able to cross-subsidise they will no longer be able to do this work profitably and…will have to run down their departments.

“It might be possible to charge clients an amount in addition to their ‘recoverable’ fee; however, clients may be unwilling to pay this. The result will be that victims of accidents will not be represented and firms will be forced to close.”

The RTA portal was due to be extended in April to cover claims up to £25,000 and employer’s liability and public liability claims. However, the MoJ has postponed the start date and is now “considering afresh the timing for implementation”.

In an APIL survey of its members, only 47 of 155 firms (30%) said they would continue to do personal injury work under £25,000 if the government’s plans go ahead unchanged—24 firms said they would pull out, and 84 firms were unsure. Redundancies were anticipated at 118 of the firms (nearly three-quarters), while 23 were unsure and only 14 do not expect to reduce staff.

Issue: 7543 / Categories: Legal News
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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