On 30th April 2010 a new process will be implemented which will affect anyone making a claim due to a road traffic collision occurring after that date.
The ethos of the regime is to ‘streamline the compensation system for low cost road traffic accident personal injury claims’. This will affect claims between the values of £1,000.00 to £10,000.00. In reality this will affect a large percentage of claims. Immediately after an incident it is always difficult to advise the client as to the value of their claim therefore the process will apply to the majority unless it is clear from the outset that the claim will be over £10,000.00. The claim will be allowed to exit the new process if it becomes apparent at a later stage that the claim is of a higher value.
Technology is as ever, playing a major part in this process. A new electronic portal is being developed so that Solicitors and Insurers can communicate; enabling a “faster” agreement and providing a swift, electronic exchange of relevant information and documentation.
Veitch Penny LLP has already signed up to the new portal and will be ready to process claims under the regime immediately.
One advantage of the new regime is that Insurers will only have 15 business days to respond on the issue of blame once they have received the electronic claim form. This is a significant advantage as the present regime means Insurers are entitled to a 3 months! If the Insurer does not comply the claim falls back to the current process.
Should blame be admitted within the 15 business day period then medical evidence, supporting documentation regarding financial losses and expenses in electronic form will again be sent to the Insurers. A negotiation period of 35 days will then commence where the Insurer must accept or return with an offer to the injured person again within a 15 business day period. If they fail to do so Court Proceedings may be issued.
Should Insurers respond an amicable settlement may be achieved. If not Court Proceedings can be commenced and a Judge can decide the value of the case based on the evidence before them. This can either be without or with the injured party giving evidence. Although many injured parties are concerned regarding giving evidence to Court obviously this may be still advantageous for a Judge to consider their claim fully.
The new process allows injured parties to take a more pro-active approach in the handling of their claim. Veitch Penny LLP continues to work alongside their clients ensuring that they receive the compensation they deserve and that claims proceed as swiftly as possible.
Many Solicitors may decline acting for injured parties under this new regime. This is due to the fact that Solicitors costs are limited under this regime. Veitch Penny LLP, having always represented victims involved in road traffic collisions will continue to do so, continuing to be leaders within their field.
Should you require any further information then please contact Catherine Rosewell on 01392 288354.
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The disruption that has been caused to so many by the recent volcano in Iceland has reminded people of the importance of contractual clauses that deal with what are known as “Acts of God”.
Many of those stranded abroad are happily enjoyed an extended holiday, however for some who are unable to get back to the UK there is a worry that they are not able to comply with various contractual obligations they have. In the last few days I have heard of one family who are unable to complete the purchase of a house as they are stuck in America and another family who are concerned their employers will sack them for missing work as they are stuck in Italy!
In many contracts you sign you may find somewhere amongst the small print that there is a clause saying that performance of the contract is excused if it is not possible as a result of an Act of God. No doubt some travel insurers will be pointing to the volcano as an Act of God when refusing to pay for cancelled holidays.
Legally, an Act of God is defined as an extraordinary event or occurrence which could not have been foreseen or guarded against. When explaining this, lawyers tend to use the example of a volcano or an earthquake however even extraordinarily high tides have been found to be Acts of God by the Courts!
The volcano has certainly reminded people that the clauses lawyers insist on putting at the bottom of contracts do have some purpose. If you have any contractual queries, or if there are any other matters we can be of assistance with, then do feel free to call Veitch Penny Solicitors on 01292 278381 and we are happy to offer you a free half hour consultation.
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What's new in Employment Law? |
Changes taking place 6th April 2010
There are a significant number of changes taking place on 6th April 2010. Below is a summary of the most important ones:
Paternity Leave
For those parents whose baby’s expected week of birth is on or after 3rd April 2011 (or placement for adoption), the father or partner of mothers or adopters will be eligible to take paternity leave of up to 26 weeks in the first year of life or adoption placement.
Statutory Paternity Pay
The weekly rate of payment of additional statutory paternity pay will increase to the lesser of £124.88 and 90% of the employee’s normal weekly earnings.
The right to request time off to undertake study or training
This comes into force for employees with 250 or more employees. The employee must have 26 weeks’ continuous employment to apply. Employers will be required to seriously consider requests that they receive, but may refuse a request if there is a good business reason for doing so. The leave granted is unpaid. The maximum compensation that may be awarded for non-compliance is eight weeks’ pay.
“Fit Notes”
The format of the current medical statement (known as a “fit note”) and the rules associated with its completion will be changing. Doctors will be able to comment in the note whether the employee is unfit for work or alternatively, may be fit to work with support. The changes are designed to help remove the challenges faced by employees looking to return to work.
If you would like to discuss any of these changes or understand how they will affect you, please call our Employment Team on 01392 278 381.
This Employment Law Newsflash does not constitute legal or other professional advice and should not be relied on as such. You should take specific advice regarding your circumstances before taking any action based on the information contained above. |
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On the 3rd February 2011 our IT Manager, Anthony Martin and a team of like minded individuals from a number of firms and organisations in the Exeter area will leave the UK and attempt to scale Kilimanjaro.
The Trek will take 6 days and the team will be setting up camp along the trail. Anthony has set up a site dedicated to the trek, and will be updating a blog on the training, charity fundraising and the trek itself. To find out more baout the challenge, the charity or if you would like to sponsor Anthony and help him reach his target then please take a look at the website:www.manvsmountain.co.uk.
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