Issue 2 | Autumn 2014 The

Magazine

The Changing Landscape of Legal Training Following the decision to discontinue CPD, we ask how this will affect the level of service provided to the accident victim.

Also in The Scottish Referendum Legal Trusts for Personal Injury this issue We explore the pros and cons of an independent Guidance and advice on protecting your Scotland for the legal profession. clients assets. CONTENTS The MASS Insight Magazine Autumn 2014

editor’s note 5 mitchell update 19 The accident victim should always remain central to the Further news on this all important decision personal injury claims process. This edition focuses on some following Denton v White. of the issues which could be challenging that principle.

Feature Article 6 Personal 20 Injury Trusts continuing Making sure that clients are fully protected is vital. professional Trusts for PI claims are another important element development not to be forgotten. Are the changing rules for CPD a good or bad thing for the profession and Professional 24 ultimately the accident victim? Indemnity Insurance Finding the right cover at an affordable price can be challenging in this difficult and changing market.

foresight 25 The Governments reforms for whiplash claims are gathering at pace. The next edition of Insight Magazine will look at the detail. The Service

> Obtains, sorts, paginates and indexes notes Feature Article 14 mass matters 26 > Prepares a chronology of the relevant facts The Scottish Are we still focused on providing Justice? Come > Quickly identifies any missing records Referendum to the MASS Conference on 7th November to We discuss the pros and cons of the find out! Pagin8 is Premex’s The Benefits decision for the legal profession.

new, fast and easy > Ability to defer payment MASS MEMBERSHIP 27 > to use medical Seamless integration with Premex’s medical Read about further benefits of being a MASS reporting service Member. records pagination > Delivered by a highly experienced team of service. nurses and medical experts

editor design Motor Accident Solicitors Society To discover how Pagin8 can transform the way you paginate your medical Roger Henderson Paul Skuse | azurdesign.co.uk www.mass.org.uk records through deferred payment terms and a fast service, please call contributors advertising St Bartholomews Court, 18 Christmas Street, Bristol BS1 5BT Jane Loney June Lowe Telephone 0117 925 9604 Jenny Braunton Telephone 0117 925 9604 Email [email protected] 01204 478320 or email [email protected] Phil Coupland Email [email protected] DX 78156 Bristol

Printed at Doveton Press, Willway Street, Bedminster, Bristol BS3 4BG. Tel 0117 966 0078. www. dovetonpress.co.uk

2 Tel 0117 925 9604 www.mass.org.uk 3 Editor’s Note Number One Choice For Medico-Legal Outsourcing Hello and welcome to the Autumn issue of The MASS Insight Capita’s Medical reporting division (formerly Insurance Medical Group and Premier Medical Magazine. We hope you are enjoying the new format and find the Group), part of Capita plc, is one of the leading providers of medical reporting, content informative. screening, rehabilitation and diagnostic services to the personal injury claims market.

With over 18 years’ experience in the medico- legal industry, our team of experts are committed to providing our clients with a quality, cost-effective, end-to-end medico-legal Roger Henderson reporting and rehabilitation service. Editor, The MASS Insight Magazine

part of the UK’s leading business process outsourcing company, make us an ideal n May the SRA announced its proposal to in effect We also feature a detailed article regarding Personal partner. Iabolish the need for solicitors to attend a minimum level of Injury Trusts which are a crucial way of mitigating the Contact Us compulsory training sessions each year, proposing that the impact of certain state benefits. Sadly, it appears this is an regulation of such training going forward should be passed area often overlooked by legal practitioners who perhaps are 0844 561 1681 Medico-legal reporting | Rehabilitation and physiotherapy | Treatment and diagnostics to the solicitors firm. We hear views from various sectors so busy focussing on the settlement of a case that they fail to [email protected] Life medicals | Medical records acquisition | Health screening www.capita.co.uk/medicalreporting of the legal profession on the proposed self regulation of recognise the importance of setting up a trust. Nationwide wholly-owned clinics | Occupational health services training and whether it will work in practice and what, if any, affect it may have on the service provided to the With only two months to go, the MASS Conference is accident victim. returning to the Hilton Deansgate Hotel in Manchester on Friday 7th November. It is a unique opportunity to hear first hand from the excellent line up of speakers on the The tougher judicial approach main issues facing the industry today and benefit from the important business and social networking opportunities adopted in the Mitchell case has which are synonymous with the MASS conference. More been striking fear in to the hearts of details can be found in MASS Matters on Page 26 which also highlights some of the additional benefits of being a practitioners for several months MASS member. Further information about MASS and its work can be found on the MASS website www.mass.org.uk At the time of going to press, the United Kingdom is deep in the debate of whether Scotland will vote to become Finally, as The Insight Magazine was going to press, the independent or not. With a very narrow margin between Ministry of Justice published its latest consultation on the ‘yes’ and ‘no’ camps, we hear from the Scottish legal the whiplash reform programme entitled “Consultation sector on their thoughts of how the impending referendum on independence in medical reporting and expert will affect the insurance industry, the legal system and accreditation”. Readers and stakeholders within the consumers in Scotland. personal injury industry are invited to respond to the consultation which remains open to the 1st October 2014. The tougher judicial approach adopted in the Mitchell case has been striking fear in to the hearts of practitioners As always there seems to be an inordinate number for several months. In the first issue of Insight Magazine of issues and matters affecting the legal and insurance we reported on the 28 day buffer that had been brought industries at present so if you wish to share your views and in by an amendment to Civil Procedure Rule 3.8 which comments, then we would be pleased to hear from you - allowed a 28 day extension of court time limits in certain email: [email protected] circumstances. This relaxation of Mitchell has been further followed by the case of Denton which has been widely reported. A brief summary of this case can be found on Page 19.

4 Tel 0117 925 9604 www.mass.org.uk 5 The MASS Insight Magazine Continuing Professional Development

Continuing Earlier this year, the SRA announced that Professional it would be introducing a new approach to Development Continuing Professional Development (CPD). matter for you. With the SRA announcing the abolition of For some, moving to this new approach may require a significant compulsory CPD training, we have asked the Julie Brannan culture change. To ensure that firms profession what difference, if any, this will make Director of Education and Training and individuals who need it have an appropriate length of time to consider to the solicitor, law firm, legal professions Solicitors Regulation Authority what is required to implement the reputation and ultimately the service provided new policy, we have delayed full to the accident victim? implementation of the new approach until November 2016. his will involve removing the but the new approach will enable however, we know that others Tcurrent requirement for solicitors to solicitors to focus their training are keen to move quickly to the new undertake 16 hours CPD per year. where it is needed instead of doing system. So those who wish to do so Solicitors will still need to keep up- training just because it is a regulatory will be able to opt in on a voluntary to-date and firms will need to have requirement. It will mean that what basis from Spring 2015. We will issue training systems in place to ensure counts about training is not the time information before the new practice their solicitors are competent. But that it takes, but the difference it year 2014-15 about the transitional how they do this will in future be makes. Individuals will need to reflect arrangements for those who wish a matter for them, so that they can on the quality of their work and use to move to the new approach on a decide for themselves what training that to determine the training they voluntary basis. they need to do and they can do it in need to do, and to justify the resource In Spring 2015, we will publish a the way which suits them best. they need to ask for from their firm, toolkit for practitioners, containing: This change in approach does instead of relying on the 16 hours rule. • the new competence statement for not mean the SRA attaches any less The new approach will also solicitors, which will explain what importance to solicitors remaining introduce greater flexibility and all solicitors need to be able to do competent to practise. Entities and remove restrictions on the types of competently; individual solicitors will still be training which count. It will enable • guidance on how to reflect on your required under Principle 5 of the SRA CPD to move into the 21st Century. work and identify training needs; Handbook to provide a competent By way of example, in future there will • information about the range of standard of service, and the SRA will be no requirement that accredited ways in which training needs may continue to require an annual training must take place in hour-long be addressed; declaration from individual solicitors blocks. If you want to learn on the go, • suggestions about how to record that appropriate professional using your phone or tablet, or in bite- and reflect on training undertaken; development has been undertaken. size chunks, that will be entirely a • examples of good practice.

Ensuring a smooth transition to the new approach will enable solicitors new ways of working is a key priority for us. We will ensure we engage to focus their training where it is needed regularly with stakeholders regarding instead of doing training just because it is a the move to the new approach and the timing of the proposals. If any firm or regulatory requirement. It will mean that individual has questions or wants to know more about the new approach, what counts about training is not the time please visit www.sra.org.uk/t4t email us at [email protected] or tweet us that it takes, but the difference it makes @sra_t4t

6 Tel 0117 925 9604 www.mass.org.uk 7 The MASS Insight Magazine Continuing Professional Development

As President of Liverpool Law Society I consider the changes in CPD to In a consultation earlier this year the SRA asked stakeholders be worrying on two counts – firstly from the point of view of the Society to respond to three proposed options for reform of the current itself, and secondly, and more importantly, from the effect it may have on CPD requirements. the profession as a whole.

training and to keep a record, and sufficient training.H owever many there was always the threat they would solicitors currently cram courses in check up, which forced compliance. October just to achieve 16 hours Glenys Hunt I know that good, conscientious Heather Bell CPD, casting doubt on the efficiency President of Liverpool Law Society solicitors will always keep themselves Audit and Legal Training Manager of the current system. The SRA are up to date in their knowledge, but right to focus on the outcome of sadly not all fall into that category Carpenters Solicitors training. In the personal injury and and some do need prompting – litigation arena the need for training particularly with all the other time and over the last few years has been driven financial pressures on them. by the raft of reforms rather than the s a local Law Society the bulk go out of business. There are The idea of the outcomes focussed espite only 16% of respondents will have been published including a need for CPD. Aof our income comes from providing advantages of attending external training requirement is that Dpreferring the SRA’s favoured option, Competence Statement – describing Concern has also been expressed CPD training courses. The general courses, to network with fellow individuals have to consider if they with the majority preferring an option the attributes of a competent solicitor. that the changes will affect standards, view is that solicitors will continue lawyers, and internal training, given need any training, if they decide they most similar to the current CPD On practicing certificate renewal, particularly at a time when more to attend some courses, but will be by the firms’ own staff may get stale do they consider how they should requirements, the SRA went ahead confirmation will be required that people are entering the profession more selective. There will not be the just be reinforcing incorrect or out obtain it. Being cynical I can foresee with their favoured option, which was training has been completed in via other routes. It is for the legal October rush just to get points. This of date views, but those in charge of that many senior members of the announced by the Board on the 21st accordance with the new approach of profession as a whole to ensure in itself is positive, and is one of the the finances may not appreciate these profession will think about it briefly, May 2014. continuing competence. main aspects that the SRA changes are benefits. as they need to sign the confirmation The requirement to undertake a aimed at, however it does mean that The more important aspect is ready to get their new practising minimum number of CPD hours is fewer seminars and conferences will that I think the changes will reduce certificate, and decide they don’t to be removed. Instead individual Concern has been expressed that with be required, and so there will be less the status of solicitors in the eyes need any training as they know it all solicitors and firms will be required no minimum CPD requirement some income for the Society – the same is of others. Most other professions anyway. More junior members of to focus on the outcome of the likely to apply to MASS. have to undergo compulsory CPD, the profession might want training, training, having regard to the existing solicitors will not receive sufficient training It is likely to be the medium and so why shouldn’t we? It may also but in order to access outside courses requirements of the SRA Handbook small firms that will suffer, as they do cause problems with the Professional they need permission from whoever and Code of Conduct. The particular At Carpenters we have always that all regulators maintain proper not have the resources to run their Indemnity Insurers, who may want holds the purse strings in their firm, requirements are those under Principle understood the importance of standards. Indeed before the SRA own in-house training, and may evidence of training. I know that even and that may not be forthcoming. 5; “You must provide a proper training, and we are committed to decision, the Chartered Institute have problems in the future sourcing under the current system the SRA As the system is outcomes focussed standard of service to your clients”, developing our people. Our in-house of Legal Executives decided to appropriate training, as fewer courses very rarely check up on an individual the outcome may be that clients and Outcome 1.5; “The service Training Team is an authorised drop the hours based requirements are run and some training companies but there is a requirement to do the are incorrectly advised and make you provide to clients is competent, CPD provider, and works to the from 1st October 2014 for Fellows, complaints, or claims, and it is only delivered in a timely manner and takes standards of Lexcel and Investors in Associate Prosecutors and Legal when alerted to this fact that the SRA into account of your clients’ needs and People. The changes will not have Accounts Executives, from 2015 may go and ask questions – too late! circumstances.” a significant impact on us. We are for other members and possibly It is likely to be the medium and small I think we should have kept the To allow firms time to prepare for one of the largest motor claims firms later for Associates. Their new compulsory 16 hours, and the variety the changes, the new approach will in the country and already meet the approach requires consideration at firms that will suffer, as they do not have of ways this could be obtained but not be implemented until November requirements of the new regime. the start of the CPD year of what the resources to run their own in-house make reporting compulsory, so that 2016. From spring 2015 the SRA will Smaller firms may find the changes training is required, a plan to deliver the training records solicitors keep remove the obligation for individual more onerous. They will need to that training, and evaluation of the training, and may have problems in the for themselves are logged with the solicitors to complete 25% of their document that they have reflected on outcome. SRA, and would include a section annual 16 hours CPD requirement their solicitors’ training needs, and The SRA is adopting a similar future sourcing appropriate training, as confirming that the training was through accredited training. that they have carried out training that approach, which should reflect the relevant to their practice. Individuals and regulated entities can ensures competence. good practice already adopted by fewer courses are run and some training but as we know the SRA doesn’t however adopt the new approach on Concern has been expressed that larger firms such as Carpenters, but listen to suggestions and ignores a voluntary basis from spring 2015, by with no minimum CPD requirement which may prove more challenging for companies go out of business consultations. which time supporting guidance some solicitors will not receive smaller firms.

8 Tel 0117 925 9604 www.mass.org.uk 9 The MASS Insight Magazine Continuing Professional Development

The legal system in which we work rarely stands It was October. As a freelance trainer before moving into the then still, operating as an organic ever growing and College of Law, I was lecturing for a well-known CPD provider. rapidly changing environment in which to work A gentleman arrived for the talk, and proceeded to sit through the and practice. whole course without opening my 35 pages of notes.

a huge risk to a firm. For example, At the University of Law, the firms any firm who neglected to invest in we work with on post-qualification training following the recent decision training have always seen CPD hours Matthew Thorley in Mitchell may have experienced Colin Davey as a bi-product, albeit important in Solicitor and Team Leader a return for the firm of missed University of Law compliance terms, of the training deadlines, unnecessary applications, that their lawyers undertake with us. True Solicitors, Leeds much anxiety, strike outs, negligence The perceived value of the training is claims, increased costs and ultimately enhanced by relatively low trainer/ reduced profits. For the individual delegate ratios and by a large degree of involved, through little fault of their interactivity in the work undertaken. here it is proposed that the problems and assisted on an informal own, an indelible stain on their CV hat could have been through outcomes focussed approach. The emphasis in any CPD training Wapproach to training our lawyers is basis in cracking those issues which and a stunting of their potential Tmy lack of engagement with the The SRA will issue a statement of (the purists would say, learning) diluted we risk legal advisors falling are developing as a stumbling block. career path plus increased stress for individual, but more plausible is that solicitor competence, and it promises should be on how the behaviour of behind in developments in case law In an adversarial legal system a rare practitioners already working in an we were near the end of the CPD a “toolkit” on best practice in training, the delegates will change as a result of and statute. What benefit can this opportunity is given to obtain an highly stressed environment. year, and that he needed to attend development and CPD systems. the session. This could be expressed in be to the profession, the individual insight in to the views and tactics of As I noted earlier, there will of something, indeed anything, that But will that be enough, given that terms of increased knowledge alone, solicitor and ultimately the service our opponents. Finally, CPD events course be many firms who continue would enable him to tick the box on any competence statement must but more properly should be taken as provided to the consumer? often provide an opportunity to to invest in structured comprehensive his training record. necessarily be general, applying to a improved capability to do the job… tailored training programmes. These Extreme perhaps, but it exemplifies wide variety of practice areas and to a and satisfy the needs of clients. firms who value training and therefore why the current system of mandatory long time-span of experience levels? What is undoubtedly happening is CPD represents a valuable opportunity to quality will see an opportunity to 16 hours of training in any CPD year effectively steal a march on their (and as can be achieved by various ensure that they not only keep pace with competitors by positioning themselves means), has been castigated and Where does that leave the profession? legal developments but that they are able to offer higher service levels. Those considered ripe for reform. who fail to invest will see their ability And reform we have – bold reform. Some reaction has been that training will be to engage in a process which keeps them to effectively deal with the problems From November 2016, subject to they are retained to solve diminished. approval by the Legal Services Board, abandoned or kept to the minimum. A more sharp as to their duties and responsibilities This is bad news for the legal service there will be no mandatory CPD industry and even worse news for our hours. Instead, the SRA will rely common initial reaction has been uncertainty From the individual solicitor’s network, meet clients and develop clients. In the long term, those who upon existing regulatory provisions perspective, whilst it is recognisable business relationships, solicitors fail to invest in training or turn a blind that require legal services entities, and on what compliance will look like that the current approach is not offering CPD accredited training to in eye, will simply diminish the quality solicitors working in those entities, to perfect, e.g. we have all witnessed the house legal teams will be hard hit. of their services to the point where deliver competent legal services and For the well-managed practice that development of delivery modes, with individual who, barren of CPD in The removal of the formal these practises may struggle to survive. for entities to train and supervise their recognises the business imperative of growth in the blending of face-to-face September has simply vacuumed up requirement for accredited training Clients will receive poorer service, the staff. From spring 2015 firms will be quality in provision of legal services, delivery with online delivery, but CPD hours wholly irrelevant to the will of course not just lead to the gap between the have and have not’s able to opt into the new regime. the answer must be not to get hung for the latter perhaps a recognition area in which they practice simply to abandonment of all professional shall grow and ultimately failing firms Where does that leave the up by the changes. My supporting that cheap or even zero cost is much meet the SRA’s requirements. For the training. Large practices and those will lead to diminished competition. profession? Some reaction has been argument is that if your firm is less likely to confer a serious learning majority, however, CPD represents a who see value in the skills of their To me the title of solicitor conveys that training will be abandoned or confident to hold itself out to have the benefit. Maintaining of good CPD valuable opportunity to ensure that employees will of course continue the following to our clients - expertise, kept to the minimum. That may expertise to look after clients, surely systems and records is also going to they not only keep pace with legal to invest in their staff.H owever, for integrity, trust and a guarantee of be scaremongering, and the SRA you are competent to make informed become even more important. developments but that they are able to smaller practices and those whose quality. has reminded us that there will be decisions on what training your So the CPD world we are going engage in a process which keeps partners who only see the bottom line This is our brand as solicitors, no slipping in the requirement for people need. At the individual level, into may seem scary, but for the well- them sharp as to their duties and on the balance sheet, the removal of water down education, lose external competence, but a more common as trainers in technical subject-matter managed firm it should not produce responsibilities. Frequently we will be training costs from the firm’s budget verification and in my humble opinion initial reaction has been uncertainty often have to remind their solicitor nightmares. enlightened by the views of others will present a substantial saving. Such the result can only be one of harm to on what compliance will look like in delegates, a Practising Certificate is to alternative approaches to familiar an approach could however represent our great profession. another manifestation of the SRA’s your Practising Certificate.

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We can support you and your clients with To find out more about our products, visit our website at Professional Deputyship services, Lay www.novitasloans.co.uk Craig Budsworth Deputyship applications, witness Trainer, MASS Training This simple opportunity to swap Or contact us on: 01772 417065 / [email protected] stories is priceless for members and statements covering Court of Protection why so many senior partners are the costs and a range of related matters. ones who attend our local regional meetings. In training, we have been able to deliver this into all levels of he changes that are due to be the learning isn’t about making notes fee earners. Indeed, the majority of Timplemented around training are that will never be looked at, but training delegates are non-qualified going to be interesting for a lot of actually building memories that and so don’t need to just ‘tick the 0800 616 299 Come and meet Adrian Mundell www.ashtonkcj.co.uk and Anna Watson at the training providers, however, what a lot will last forever. More importantly, CPD box’. The delegates come to a conference exhibition in of practitioners don’t get from training this approach generates ideas and, course, or we go in house, and they Acting for clients nationally November. is value. So many training sessions are provides something that I think we talk through the problems they are not relevant to their day to day job or forget about in our normal day to day facing on individual cases and rather they book on any training just to practice, the chance to talk. than just providing the answers, our trainers ask questions that help the delegates to reach the answer together. So many training sessions are not relevant Of course, this is no good if you just want CPD points but shows that to their day to day job or they book on any actually, the best firms will always Find the right expert from the employ a good trainer to make sure UK’s leading mental health charity training just to tick the CPD requirement their staff are the best at what they do for their firm and, most importantly, for that 12 months for their clients. tick the CPD requirement for that I’m often asked what’s so good So, whilst the death knell for CPD 12 months. Indeed some find that the about MASS? The answer is simple, may well be ringing, there will always training is so boring they fall asleep we provide the opportunity for our be a need for good training to be listening to someone drone on about a members to talk about the challenges delivered in a way that gives firms a technical area of law that only happens they are facing and how other firms leading edge in looking after their staff once in a blue moon. So in some ways, are dealing with the same challenges. and clients. I agree that CPD needs a shakeup. When I joined MASS Training in 2005, the very aspect we wanted to We provide the opportunity for our deliver was training in an inclusive We’ll help you choose from over 70 nationally way. Even now, I enjoy the initial members to talk about the challenges recognised experts in mental health to meet discomfort of delegates having a desk your personal injury medico-legal needs. taken away at the start of any training they are facing and how other firms are because I know that by the end of the dealing with the same challenges. day this ‘scary’ start means that they To request an assessment can get rid of any barriers and actually or for more information: enjoy learning. The fact that each This simple opportunity to swap stories t: 01604 616 070 exercise during the day is input from e: [email protected] w: stah.org/consultancy them and their thought process means is priceless.

WB12309_SAH Quarter page advert 87x125mm_AW.indd 1 18/07/2014 17:11 12 Tel 0117 925 9604 www.mass.org.uk 13 The MASS Insight Magazine The Balanced Argument

Introduction 2014 is a critical year for Scotland. In July, Glasgow hosted eleven days of Commonwealth Games which were described by the Games President as ‘the best games ever’. Where does “yes” take us?

Elaine Russell, MASS Scottish Regional Coordinator, Partner, The Scottish Referendum Irwin Mitchell Scotland

n his remarks made at the closing Despite having less than one tenth number of claims for motor liability On 18 September 2014 Scotland will vote on whether to remain part of ceremony, Prince Imran also said of the population of the UK, Scotland was 1/24th of those south of the ‘the Games have made us all very accounts for just under a third of border- from a country with less than the UK or become an independent state. Iproud and truly brought our family the total area of the UK. Scotland one tenth of the population. Despite together.’ has 800 islands, 130 of these being these major differences in consumers, inhabited. It’s currency is sterling and culture and statistics, insurance What will a ‘yes’ or ‘no’ vote mean for Scotland and the Scotland is already akin to a foreign even if independence was a reality, it industry practices which occur south UK in the context of the insurance industry, the legal state for solicitors and insurers who is clear now that the ‘yes’ side have no of the border attach to Scotland. So operate in England and Wales. It has plan B in terms of currency. Scotland what happens within the insurance system and consumers in Scotland? a population of approximately 5.2 is very different to England & Wales industry, the legal system and what million with the central belt cities in terms of operating legal systems happens to Scottish consumers if of Glasgow and Edinburgh having and road accident statistics. The car Scotland becomes an independent 592,000 and 486,000 residents remains the most popular mode of state? respectively and having less than 10% transport with half of journeys being of the population of the whole of the made as a car driver- an increase Four Scottish MASS members UK. The Scottish population is spread from 48% in 2012. A further 14% of discuss the pros and cons of a ‘yes’ or over a geographical area of 30,414 journeys are made as a passenger – an ‘no’ vote and what this will mean for square miles with population density increase from 13% in 2012. Scotland, the legal system, Scottish of 167.5 people per square mile. solicitors, insurance companies and The insurance market is different the motor industry as a whole. to that of England & Wales for a number of reasons including the Please note that these contributions demographics, population spread, in no way reflect the political the road networks and consumer views or alliances of the individual behaviours. This was recognised contributors. in the Taylor Report which is the Scottish equivalent of Jackson. This report made much of the differences between accident statistics in England and Wales and Scotland. Claims figures indicate that the number of motor accident claims in Scotland is significantly lower than in England and Wales. For example, the total

14 Tel 0117 925 9604 www.mass.org.uk 15 The MASS Insight Magazine The Balanced Argument

Pros for Yes Cons for Yes Where does “yes” take us? Despite a White Paper running to around 700 pages, the road-map in a post-Yes Scotland remains littered The prospect of independence provides with blind summits, dead ends and an overall an opportunity which can only deliver route of uncertainty which is as relevant in the benefits to all involved in the claims insurance, motor and legal sectors as anywhere. process in Scotland.

Mark McMillan, Senior Associate, Kerr Brown Scott Whyte, Managing Director, Watermans

he Scottish Government has already embarked to Scotland must be seen as a benefit. It may involve the re- hilst some of the uncertainties are a little Additionally, we face the challenge of effectively starting on a program of reform to modernise and opening of Scottish specific offices. This is an opportunity outlandish, such as what side of the road we will from scratch in respect of road traffic legislation and the improve the Scottish Court system in the wake of to utilise our current resources and talented workforce. drive on, others are right at the core of our Highway Code and we would require to establish our own aT series of consultations, recommendations and reports. We can structure these institutions to suit and in turn this W industries. equivalent of the FCA to regulate what would become a will stimulate these new and returning businesses and the separate insurance market in Scotland (in addition to our The independence “step” will present Scotland with the Scottish economy. Which currency we would use affects everything from own OFT and CMA to investigate it!) enviable position of having a platform (not to reinvent) how we receive settlements from UK-based insurers to but to establish a modern and dynamic legal framework how we pay our staff (and that is before we even look at As if that wasn’t enough newly-required bureaucracy, and claims process which will be of benefit to all users and Independence will ensure that the impact independence would have upon pensions and we would then need our own equivalent of the DVLA to will let us throw off historic shackles or eliminate legacy taxation). manage the registration, licensing and so on of vehicles. complexities and drive our system into the 21st century. competition will be stimulated This in turn then brings us to the question of how we Whilst there will be challenges ahead, the attraction and will ensure our distinctive deal with identifying “foreign” vehicle insurers when cross- and advantage of independence will be that all parties We face the challenge of border parties are involved and whether Scotland would will have this historic opportunity to be part of, develop approach to our values of continue to have an MIB or equivalent insurer of last resort. and mould our future. Scotland will expect, anticipate effectively starting from and welcome vigorous input and informed debate from fairness, democracy and justice Furthermore, and on any view, we would have a all sides. Solicitors, insurers, consumer groups and the scratch in respect of road period where Scotland would not be an EU Member and motor industry in general will have the unique chance can be preserved. therefore the reliance on things such as the Rights Against to be involved at commencement and throughout this traffic legislation and the Insurer Directive would be removed, presenting yet more process of developing and establishing a fair and efficient uncertainty for all. legal framework and claims process. These groups, working Who still thinks it is, to coin the Highway Code. closely with the government, can develop a framework In summary, whilst the case for independence may pull at which will allow access to justice with reasonable and phrase, “better together”? the heart strings for many, the vast practical uncertainties of proportionate legal costs necessary to secure such access. We would require to establish a Yes vote present significant challenges to the motor, legal Given the lower rate of claims per policyholder north of and insurance industries. Small and large solicitors businesses and insurers the border, division of the insurance markets may even lead our own equivalent of the may require to revisit their structures. An independent to lower premiums for Scottish motorists. Scotland may require its own regulatory bodies, but as an FCA to regulate what would independent country this will be of benefit. We hope that Independence will ensure that competition will be the legal and motor industry will see this as an opportunity stimulated and will ensure our distinctive approach to our become a separate insurance to review recent trends. Within Scotland, a hub for values of fairness, democracy and justice can be preserved. financial services, the setting up of new regulators specific Who still thinks it is, to coin the phrase, “better together”? market in Scotland

16 Tel 0117 925 9604 www.mass.org.uk 17 The MASS Insight Magazine Mitchell Update

Pros for No Cons for No WHAT A RELIEF! Even as part of the UK, People of Scotland face There can be no doubt that the DENTON V WHITE decision has Scotland has its own legal their biggest political vote restored sense and order to litigation. system, with its own set of of their lifetime. laws and court structure.

Reuben Glynn Katherine Howell- Price, Kirsty Yuill, Director of Costs Senior Associate, Associate, PI Costing Ltd DENTON –A Judge vacated a trial date so as to allow Lyons Davidson Miller Samuel more , late witness statements in. “What litigants need is finality , not procrastination “ per Jackson LJ at para 89. The Judge wrongly attached emphasis upon the need for itchell was a disaster from which the Appeal Court the claimant to deploy their full case by letting in every Mhas now retreated. Indeed, in YEO V NEWS GROUP (late) shred of evidence. Factors A and B, if considered, n addition to this, the Scottish people have es or No; two small words with huge recently Warby J, applying the new DENTON test which would have compelled the trial to proceed. The show must access to the Supreme Court for certain appeals. ramifications either way. we explain below, allowed a claimant relief despite the go on. Remaining part of the UK means that Scotland fact that they were 3 months late serving an N251.Under DECADENT VAPOURS-This is a fine example of stage wouldI avoid the need to create higher Court of Appeal, Y With the Scottish legal profession having just survived Mitchell they would not have stood a chance. 3 riding to the rescue. C failed to pay a court fee on time. which would be costly, and can maintain access to the the last recession where well known firms reduced in size, C sent it by dx so it would inevitably arrive a day late. This wealth of experience contained within the Supreme closed, merged and saw vast reductions in profitability, the THE NEW 3 STEP TEST (PARAS 24-38 DENTON). was not a major breach. There was no good stage 2 excuse Court. opportunities of an independent Scotland are enticing to the as it was inevitable that it would be a late payment. At stage legal profession. If a no vote prevails following the referendum 1. IDENTIFY AND ASSSESS THE SERIOUSNESS AND 3 the modest breach and lack of impact upon the efficient Remaining in the UK would mean ongoing certainty then the legal profession would lose out on an opportunity SIGNIFICANCE OF THE SPECIFIC BREACH ALONE and proportionate conduct of litigation should have led to over EU membership (subject to any UK-wide to grow the market for legal services. IScotland (independent If it is neither serious nor significant then the 2 remaining steps forgiveness. referendum) and therefore lawyers, clients and insurers Scotland) would require significant input of the legal profession warrant little or no consideration. ”Trivial” is no longer to be referred UTILISE-A 45 minute delay in filing a costs budget was can work within the knowledge that relevant legislation with the creation of the new state. to as a yardstick (para.26). not serious/significant and so no time ought to be wasted and regulation will remain in place upon stage 2 or 3 considerations. Relief granted. Scotland has always had its own unique legal system with 2. WHY DID THE BREACH OCCUR? Whilst agreeing with the substantive judgments Jackson One of the biggest questions currently over possible only a few areas of law subject to UK legislation. It is anticipated Here the MITCHELL examples, and they are no more than that, LJ distanced himself from the application of stage 3. His independence is currency – there would be a period in the aftermath of yes vote thatU K based legislation will remain of assistance (para30). view was that all circumstances, no more or less, kick in of limbo post a ‘yes’ vote where this would have to be continue until the Scottish parliament and iScotland produced at stage 3 and the majority were wrong to place specific resolved. It is better for the economy, Scottish and new legislation. In the wake of a no vote the chance to revamp 3. EVALUATE ALL OF THE CIRCUMSTANCES emphasis on items (A) and (B). This may or may not be multi-national businesses and our clients to be certain the areas of law that are subjected to UK legislation such as INCLUDING FACTORS (A) and (B) in the Rule, namely, the an exercise in semantics but he felt strongly enough to set about our money producing new road traffic legislation would be lost. need to comply and the need to run litigation efficiently. out his own interpretation of the test. NB “The new test Where the breach then is serious/ significant it is less likely that it will is not intended to introduce a harsh regime of almost zero Currently the Scottish claims system works with If the status quo remained then Scotland would miss out be forgiven UNLESS good reason is advanced. tolerance”, para 96. national regulatory bodies and systems, such as the on insurers tailoring products and premiums to the Scottish One more crucial theme emerges (paras 39-43).LEGAL MIB, CRU and the DVLA. A No vote means that market together with the impact of insurers having to open REPRESENTATIVES HAVE A DUTY TO HELP we can continue to do so for the benefit of clients and claim representative offices in Scotland, the setting up of It is at the final stage that the promptness of the application THE COURT. “Heavy costs sanctions” should be imposed insurers. Scottish Motor insurers bureau, a Scottish DVLA and a Scottish will be relevant and only here also that any previous history where there is an unreasonable failure to agree extensions insurance regulator. of breaches comes into the equation (para. 36). Whilst a or to wrongly oppose applications for relief (para. 43). The Overall, it is better for the Scottish public (our more subtle, nuanced approach is needed both Lord Dyson costs sanction could go beyond the costs of the application clients!) to remain in a Union where Scotland has There are huge uncertainties hanging on a tick ofY es or No. It and Vos LJ assert that the explicit factors must be given itself. strong devolved powers but has the benefits of being remains to be seen if history will be made at the polls or whether “PARTICULAR WEIGHT” (para. 38). NB-Unless orders should only be invoked where truly part of the UK. the people of Scotland consider the risks are too great and the DENTON involved 3 appeals, all of which were allowed. necessary and not handed out like free newspapers yes voters can only imagine what could have been. Two decisions were draconian and one was soft. –para.44.

18 Tel 0117 925 9604 www.mass.org.uk 19 The MASS Insight Magazine Trusting To Protection

Claimant. At that time the trust Claimant during his or her lifetime Act 1983, incapable of managing funds will pass through the Will of but also others and can continue for their property or affairs. TRUSTING TO PROTECTION the Claimant or upon intestacy to a maximum trust period of 125 years next of kin by blood according to law. from commencement. Because of this If the Claimant does qualify as This may be what most Claimants the Claimant, for example, can include above, a discretionary disabled trust A trust is a legal framework, within which assets can be protected would wish and all Claimants should within the class of beneficiary not only under Section 89 of the Inheritance and administered for the benefit of designated persons or be advised to make a Will. On the himself but also a spouse or partner Tax Act 1984, can be established other hand some Claimants may have plus children and remoter issue or for an unlimited amount. This is an institutions including charities. difficult family circumstances and it is even a charity. important benefit, so every effort vital that these be protected against, should be made to comply with the above criteria and if there is even a slight possibility of fulfilling this benefits In some cases the cost of it should be pursued vigorously, • Entitlement to local authority otherwise the Claimant will be limited financial support in respect of establishing a personal injury trust, a to the conventional IHT discretionary John Atkinson residence in a care home or in trust limit. Chartered Legal Executive one’s own home paid for by the local authority can be preserved. discretionary trust or a discretionary Tax for and on behalf of George Ide LLP A personal injury trust has no saving There is no reason accordingly why disabled trust can be included in the for Inheritance Tax, Income Tax or a personal injury trust cannot be put Capital Gains Tax. in place promptly and it should ideally compensation claim It is taxed to the Claimant’s personal or a personal injury Claimant, DWP benefits which are non-means not be delayed until the claim has fully circumstances for IHT on death and Freceiving a substantial amount of tested are: settled. which they will not be by a Personal The one advantage of this type of during lifetime for Income Tax and money in compensation, it is vital that The Trust can be established on Injury Trust. A Will can be revoked trust over the personal injury trust, Capital Gains Tax. he or she is protected in every way. So • Disability Living Allowance receipt of the first interim payment, by marriage or the Claimant can is that it not only continues after the A conventional discretionary trust what should be protected? • Personal Independent Payments with a nominal amount. This is be persuaded to change their Will. Claimant’s death but also that it is will also be subject to Inheritance • Contributory Employment and important because of the 52 week rule Equally if no Will is signed, the trust not revoked by the marriage of the Tax on the death of the Claimant Means tested DWP Support Allowance of the DWP, which states that the first fund on the death of the Claimant Claimant. The Claimant also cannot but taxed for Income during lifetime benefits • Contribution based Jobseekers payment which is made for personal may pass to someone who the be persuaded to revoke the trust, due at a rate of currently 45% or 37.5% Means tested benefits are: Allowance injury will be disregarded during Claimant would not have wished. to the undue influence of others. for dividends with an annual Capital • Severe Disablement Allowance the first 52 weeks, when assessing In the above circumstances, a For protection of DWP means Gains Tax exemption of half the • Income related Employment and • Attendance Allowance entitlement to means tested benefits. more extensive form of trust could tested benefits, this type of trust individual rate of £11,000 ie. £5,500 Support allowance • Child Benefit However this disregard does not apply be considered, commonly known as operates in the same way as a personal presently. • Income Support and Income Based • Carers Allowance to later payments, so there is little if a discretionary trust. There are two injury trust. A discretionary disabled trust Jobseekers allowance types in use: whilst being subject to Inheritance • Pension Credit Discretionary Disabled Tax on the death of the Claimant, is • Working & Child Tax Credits There is no reason accordingly why a Conventional Trust not subject to the ten year IHT rule • Housing & Council Tax Benefit Discretionary Trust For the Claimant to qualify as a and there is a full Capital Gains Tax personal injury trust cannot be put in If a Claimant does not qualify as a “disabled person” the criteria is as exemption available. However the Of the above, housing benefit “disabled person”, explained later in follows: Income Tax rates of currently 45% and can be substantial and will be lost if place promptly and it should ideally not this article, they will be limited to the 37.5% still apply. the Claimant has capital exceeding current Inheritance Tax exemption • Receipt of Disability Living Whilst the tax regime is therefore £16,000. be delayed until the claim has fully settled of £325,000 to be settled into a Allowance at middle rate care not especially generous to Claimants, There is a statutory disregard of discretionary trust. To settle a greater component or higher, or in respect of these discretionary trusts, £6,000 and between this amount and To protect means tested benefits, any advantage in a personal injury amount than this would render the • Receipt of Attendance Allowance, tax policy often alters with each £16,000, £1 of benefit is lost for every it is therefore important to have a trust not being established as early as trust capital liable to a lifetime charge or budget and change of Government, so £250 of capital. personal injury trust in place in good possible. to Inheritance Tax on the extra • Receipt of Personal Independence it should never in itself be a reason not Failure to recognise the above time. amount under current legislation at a payment by virtue of entitlement to to establish the most appropriate trust, on the part of the legal advisor in The benefits of such a trust include The Claimant rate of 20%. the daily living component. because the overriding requirement is good time, can have severe financial the following: A personal injury trust, established For protecting the Claimant, this • Receipt of increased disablement to protect the Claimant and/or means consequences for the Claimant and solely to preserve means tested DWP type of trust can in effect operate as pension or Armed Forces tested DWP benefits. risk a possible negligence claim for the • Trust funds are ignored by DWP benefits or local authority funding, a Will after the Claimant’s death, as independence payment. advisor. when assessing means tested will terminate on the death of the it provides for an extended class of • By reason of a mental disorder Trustees beneficiary including not only the within meaning of Mental Health It is possible to appoint up to four

20 Tel 0117 925 9604 www.mass.org.uk 21 The MASS Insight Magazine

GEORGE IDE LLP S olicitors

aforementioned matters is very CLAIMANT PERSONAL INJURY beneficial for the Client and also for It is important to remember that www.jordanpublishing.co.uk the solicitor. Post Settlement advice to law firms in a substantial personal injury It is a matter of retaining and servicing the whole Client by including: claim, there is often great stress for developing further specialist expertise, are pleased to offer which if not progressed will be left to Creation and administration of trusts to protect the competition and the Client may the Claimant and/or preserve DWP means the Claimant from just receiving a then be lost. tested benefits. a 30% discount on In a typical personal injury claim large award solicitors should ask themselves: Investment of compensation and tax published titles for

trustees and great care should be taken An application must be made to Is the claim greater than £16,000 and Contact : John Atkinson

in their selection. the Court of Protection, which will does the Client receive means tested Chartered Wealth Manager delegates at the

In some cases there can be a good decide as to the most appropriate DWP benefits or is an application Chartered Legal Executive partnership of a family trustee method of looking after the likely to be made at a future time. If Direct Line: 01243 813524 being appointed plus a professional, Claimant’s affairs. Often the Court so a personal injury trust should be MASS Conference [email protected] which can be advisable if there are of Protection will appoint a Deputy discussed immediately.

difficulties in a Claimant’s family or rather than establishing a trust but 2014 circumstances. this is not always the case, if there are Authorised and Regulated by the clear advantages in the latter being Financial Conduct Authority – Firm Number 497625 With the recent Administration established as against the former. Authorised and Regulated by the Trust administration includes banning of referral Solicitors Regulation Authority – Firm Number 488565 Visit us at our stand preparing annual accounts and a Cost trust tax return in conventional and In some cases the cost of establishing fees, many solicitors disabled discretionary trusts. a personal injury trust, a discretionary In a personal injury trust, the trust or a discretionary disabled trust practices should be position is simpler because the trust can be included in the compensation income is taxed as belonging to the claim but this is not always the case looking to expand their Claimant. and is possibly the exception. Typical costs will be approximately private client services Children and Claimants £1,500 plus VAT for the most without mental complex deed and if professionals Are the Client’s present and future capacity are appointed to advise on the circumstances vulnerable, either Personal Injury, LOCUS-IN-MOTION administration of the trust, tax and from his own actions or those of Clinical Negligence Trusts investment, fees will need to be agreed others. If so a more extensive form and It’s streets ahead To establish a trust for a minor under for these services. It is important of discretionary trust should be Commerical Litigation Costs, Video footage the age of 18, a Court order will to remember however that in a considered. Decisions such as this Costs Budgeting/Management, be required so that the funds are substantial personal injury claim, there cannot be left to the Client to discover and printable administered and invested out of is often great stress for the Claimant for himself when his solicitor, who he Compliance and Training. report in one Court, to be paid to the Claimant from just receiving a large award. completely trusts is in a position to digital format upon attaining eighteen years of age, if This is a payment which is made to help significantly. there is no other disability at that time. compensate for losses from injury, What about investment? Is it “This product has taken technology and A case will need to be made to the so the ongoing responsibility is high really ideal having spent often years uniquely adapted it to satisfaction of the Court that such and advice should only be taken from in securing a compensation payment, the special requirements a proposal will be beneficial to the highly qualified professionals, for for the Client to be left to the mercy of explaining clearly minor Claimant and the appointed which there is a cost. of market forces, when often he has to a court how exactly Contact Amber Holt for assistance on a motor accident trustees will need to be approved, as little or no financial knowledge. 0161 359 4652 will the type of trust. Solicitors – Action to The solicitor simply has to be more occurred. A very or email: [email protected] welcome development.” Take involved here. Russell Holland Deputyship With the recent banning of referral The SRA investment scope rules “Brilliant and truly innovative.” Barrister – No5 Chambers For Claimants without the ability fees, many solicitors practices should offer more opportunity for law Manchester: London: Leeds: [email protected]@justcosts.cmom / iaincherry@[email protected] [email protected] [email protected]@justcosts.com [email protected] 53 King Street Central Court, 25 Southampton Buildings Dunston Innovation Centre, Dunston Road No.1 Leeds to decide matters for themselves, the be looking to expand their private firms than they realise, to provide an Manchester, M2 4LQ London, WC2A 1AL Chesterfield, Derbyshire, S41 8NG 26 Whitehall Road DX 14385 Manchester DX 426 LDE DX 743530 Chesterfield 8 Leeds, LS12 1BE Call us today 01285 658 111 Tel: 0161 359 4666 Tel: 020 7758 2155 situation is governed by the Mental client services. investment service, provided systems Tel: 01246 267 961 Tel: 0113 357 0330 www.photofi leltd.co.uk Email. enquiries@photofi leltd.co.uk

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Tel 0117 925 9604 www.mass.org.uk 22 23 The MASS Insight Magazine MASS Matters HForesight...ot Off the ComingPress up in the next edition Professional Indemnity Insurance. Accreditation of Medical Experts The Ministry of Justice have just published a consultation “Whiplash Reform Programme: Independence in medical reporting and expert accreditation” outlining the proposed rule and What does the future hold? protocol changes to ensure greater independence and improved standards within the medical reporting process for whiplash claims.

If a firm purchases the lower limit Kevin Culliney and then has a claim exceeding the The full paper can be found on www.justice.gov.uk/downloads/civil-justice-reforms/ Partner limit or a series of claims which erode whiplash-phase-2-consultation-paper.pdf - responses must be submitted by 1 October 2014. Lockton Companies LLP the aggregate limit – who, would actually compensate the wronged Whilst the MoJ may be working on the rules to implement are pushing these reforms through. client? their proposals, there is still a considerable amount of work by the next edition of Insight Magazine it is hoped that If passed it also raises the question to do on developing the accreditation process and how this significant progress has been made and we can discuss that all nce again this year the issue of Following the consultation, the on whether a reduced limit would be will actually work in practice. As always the devil is in the important ‘detail’. Do not miss the next instalment! OProfessional Indemnity Insurance SRA concluded that no requirement sufficient for solicitors? (PII) is high on the agenda of most for a minimum security rating will be What then does this year hold? detail when implementing any new reforms and there is some Subscribe to the MASS Insight Magazine through solicitor practices. After staff costs introduced this year, the SRA have Regardless of the results of the SRA’s concern within the industry at the pace in which the Ministry www.mass.org.uk and premises it is the largest expense since begun another consultation recent consultation many of the long for many firms but the decision regarding the level of coverage term insurers writing this class are around how to purchase and who provided within the MTC which ignoring this and preparing to offer Further updates on the detail and progress of this work will be highlighted in the next edition from is often a difficult one. In recent concludes shortly. the same level of coverage as last year. times the availability of PII cover at There is however good news for – not to be missed. an affordable price has given many Suggested changes include: the exclusive MASS PI scheme as solicitors cause for concern and the • Reduce the level of mandatory PI we have new capacity joining the guidance from both the Law Society cover to 500,000 (GBP) market and this new capacity will and the SRA has only added to the • Introduce an aggregate limit on be well rated and secure. In addition confusion. claims Lockton’s exclusive facility with Following the Balva and Berliner • Compulsory cover required for Hannover, an AA rated insurer, will Expert Witness Services We do debacle of last year, the SRA recently claims by individuals, small and be offering at least £5m more capacity undertook a consultation with regard medium-sized enterprises, trusts than last year, therefore providing to the introduction of a minimum and charities competitive, secure alternatives for things differently security rating for insurers who wish • Reduce Run-off cover to a any MASS members who may have to insure the legal profession. minimum of three years been previously tempted by one of the inin SScotlandcoto land Quinn, Lemma and Balva are all • Require firms to assess the level of unrated insurers. insurers who did not have a rating coverage they feel appropriate. Importantly Lockton also have from any of the recognised rating access to most of the other insurers agencies and have now ceased It would appear that the reasoning who are authorised to insure solicitor underwriting; only time will tell if behind these proposals is to encourage practices and some of the new capacity they are able to meet their outstanding more insurers to enter the market to will also be exclusive to Lockton. ScottishScottS ish Case?Case? liabilities. Of more pressing concern provide PII, create more competition As ever what really makes a difference are the unrated insurers still at large and produce lower premiums for in terms of obtaining the best quote is DigbyD Brown can assist within this space. Alpha, Enterprise solicitor practices. Unfortunately preparation and MASS will shortly be with personal injury and Elite insure over 2500 firms, this proposition, if implemented, producing a best practice guide which claims and uninsured none of them have a rating and none will have a number of consequences. explains how to get the most out of loss recovery. of them meet the minimum security Firstly insurers are unlikely to greatly the forthcoming renewal. If you are Automotive Experts Photography Services Interpretation Services We provide the full range of Motor High quality, discrete & professional We offer a professional and efficient requirements of the MASS scheme reduce the premiums. Well over 90% a MASS Member and would like a Reports including Vehicle Damage, photographers providing CPR booking system for translation of LVI, Diminution, Forensic & Accident compliant photographic reports for documents or face to face Scotland’s largest personal injury practice. broker, Lockton. of claims against solicitors are for copy please contact [email protected]. Reconstruction to the Legal & personal injury or medical negligence Interpreters for Court and all other Insurance Industries. Our own use. We will visit the site of any appointments. Our professionals are Ranked band 1 for Personal Injury in Scotland In time, the proposed increased under £100,000 and therefore insurers uk . If you are not a member then do employed engineers inspect across accident or slip & trip site and compile Court compliant and NRPSI registered. security requirements required under charge most of the premium within contact the MASS office for details of the UK with rapid turnaround times. an accurate Locus Report. All languages covered. by Chambers and The Legal 500. the European Solvency II regulations the first £500,000 of cover anyway. membership. Can offer to clients a complete funding and insurance will force these carriers either to however there are other issues: If uncertain times then and certainly package through our litigation funding company, increase their capital or exit the market the run-off period is reduced to 3 years the issue and cost of PII will remain Compensate.

but in the meantime, were they to fail, then what happens to any claims made on the agenda. The good news is Laird Assessors: 188-200 Pensby Road, Heswall, CH60 7RJ solicitor practices would be forced past this point? The answer is that however that well rated competition Tel: 0151 342 9961 // Fax: 0151 342 7844 // DX: 744160 Heswall 2 // Email: [email protected] For further information call: Brian Castle on 01382 205913 to meet the outstanding liabilities the Compensation scheme, paid for is available and with good advice, all Email: [email protected] or clients could be left without by a levy on all firms, will pick up the solicitor firms should be able to secure www.laird.expert compensation. shortfall. good cover at an affordable price. Offices: Edinburgh, Glasgow, Dundee, Inverness and Kirkcaldy

24 Tel 0117 925 9604 www.mass.org.uk 1325 The MASS Insight Magazine MASS Matters

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Staff Training is an important aspect of any firm to ensure staff development and JOIN THE DEBATE In the last issue of MASS Insight magazine you excellent service to clients. MASS Training AT THE MASS CONFERENCE would have read about the representative role provides a unique range of practical and Jane Loney of MASS and the networking benefits of being interactive training courses and webinars. Executive Director With complete flexibility to meet the needs MASS 7th November 2014 – Hilton Manchester Deansgate a member. of your firm, courses can be provided on a specific topic in your office as well as MASS In this edition we are looking at members benefiting from discounted rates. Email Phil Coupland – phil@masstraining. hire and repair hold in store – will this mean missed. Not only will you have the chance another area of ‘benefits’ that org.uk to discuss your bespoke training ossibly one of the key questions that yet more change? to participate and learn, the networking membership offers law firms – solutions. Pcould be put to the Personal Injury Industry. Fraud – our panel of Ben Fletcher opportunities are invaluable, be it with fellow Discounted Schemes. With the raft of Government reforms in (IFB Director); Donna Scully (Carpenters) practitioners or service providers. Marriott Hotels and the recent past and more to come, this year’s and Richard Davies (AXA) will debate the If you have yet to book your place, then Country Clubs have offered focus for the MASS annual conference will importance of what data should be collected contact [email protected] for a booking Jenny Braunton. MASS Membership Co-ordinator MASS members fantastic savings on their be whether the pendulum has now swung and how the industry can use this to combat form or ring her on 0117 925 9613. leisure and golf club membership, weekend too much the other way. What of the genuine fraud. Preferential rates for accommodation at stays and ‘park here and fly there’ schemes, accident victim and their right to justice – or Rehabilitation – With the the Hilton Manchester Deansgate have been which members and their staff can take is it about efficiencies and saving money? IUA announcing its major review of the secured but rooms are limited. n these times of tight margins, getting the Professional Indemnity advantage of. As always the MASS conference provides a Rehabilitation Code how can it be improved Ibest value must be a priority. With MASS’ Insurance is probably one of the golden opportunity to not only hear what our and should, as has been suggested by one As is well known, it is not all work and no reputation and position within the PI market, main costs for a law firm. MASS has an In conjunction with the many other benefits excellent line up of speakers have to say but insurer, rehabilitation replace compensation play when it comes to the MASS conference. we have been able to negotiate a wide variety of exclusive PII scheme with the independent of being a MASS member, we will continue for you, as a practitioner doing the day to day for lower value claims? Join us for our charity evening dinner for a schemes that members can take advantage of. broker, Lockton, who have a broad panel to research and negotiate more ‘discounted claims work, to join in this very important Whiplash Reforms – how will great evening encompassing good food, good of rated insurers. Lockton can provide not schemes’ to help firms not only support debate and express your views of whether the the impending Government reforms affect company and raising money for our excellent Yellow Pages offers members only competitive and preferential rates, but accident victims but operate a cost effective genuine accident victim is receiving justice. the day to day process of running a personal charity Aspire, whose invaluable work and beneficial rates for their classified adverts also guidance and advice and an on-line and viable business. In addition to a debate on Government injury claim efficiently? Will accreditation support makes all the difference to people to appear within a ‘branded’ MASS advert, web portal enabling firms to manage their reforms, other key issues to be covered that of medical experts help solve the problem of who have suffered a spinal injury. Come and emphasising expertise in RTA claims. This is insurance. If you would like to find out more about our currently facing our industry will include; whiplash fraud or just complicate and delay help raise money for this as well has having a very powerful way of promoting your firm Membership benefits or wish to become What does the impending report from the the process? fun with our Casino tables and silent auction. and your advert will appear in your regional Cash flow is a perpetual problem and so a member, then visit www.mass.org.uk or Competition & Markets Authority on Credit The MASS conference must not be Book now as places are limited! yellow pages edition. MASS has worked with Novitas Loans who contact [email protected]

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