Croftons are pursuing a claim for compensation for a flight delay of some 12 hours, suffered by over 300 passengers on 2nd July 2012. The passengers on that flight have an entitlement to compensation, pursuant to Article 7 of the EU Regulations 261/2004.

The European Court has recently upheld the application of that Regulation and the obligation upon tour operators and airlines to discharge their legal obligation in accordance with the Regulation.

Croftons are prepared to act on a “fixed fee” basis to any passenger who has suffered a similar inconvenience by reason of a 12 hour delay at Manchester Airport on 2nd July 2012.

If you wish for Croftons to act, or you require further information, please contact us by email jeffp@croftons.co.uk or call us on 0161 214 6180.

Jeff Palmer, Partner

HemiHelp – 54%

The Children’s Adventure Farm Trust – 32%

Marie Curie Cancer Care – 14%

Our donations will follow early in the New Year.

But for now – from all of us here at Croftons – may we wish you all a Merry Christmas and a Happy New Year!

Please note that our offices will be closed from 1:00pm today (Monday 24 December 2012) and will re-open at 9:00am on Wednesday 02 January 2013

The government’s aim is to “…deter fraudulent and exaggerated claims and reduce the cost of dealing with whiplash claims while preserving access to justice.” Their view is that many small-value whiplash claims are “relatively straightforward” and that the small-claims track “might be a more suitable venue in which to determine them than the fast-track. More complex and unsuitable claims could still be heard under the fast-track”. However, by moving the limit, Claimant’s will be expected to value their own claim and the risk is that they will not be able to do so, unlike their opponents who will be able to take advantage. .

Sample data quoted within the consultation (as provided by insurers) indicated that the “large majority of claims” are for less than £5,000. The three options being consulted on (despite previous findings in 2007 and 2009, by Sir Rupert Jackson that changes to the small claims limit would not needed) are:

• Increasing the threshold for whiplash claims to £5,000, although the MoJ have said this could simply result in arguments over the classification of the injury;
• Increasing the limit to £5,000 for all road traffic accident claims, which it admitted could unintentionally bring “significantly complex claims” under the small claims track, although the judicial task of allocating a case to track may get around this; and
• Making no change, leaving it to the Jackson reforms – which it believes will have a significant impact on whiplash claims in any event.

The consultation acknowledged three “primary risks” from raising the limit:

1. A reduction in access to justice resulting from injured people either not claiming initially or not challenging rejections of valid claims;
2. Inequality of arms given the likelihood of a claimant being self-represented and up against a professionally represented defendant; and
3. Without representation, people with valid claims may be more likely to accept lower settlements than is fair for their injuries.

In addition, and as expected, the Ministry of Justice (MoJ) also proposed the creation of independent medical panels to diagnose whiplash – believing the move “should make it more likely that fraudulent and exaggerated claims are challenged”. It put forward two models: an accreditation scheme, meaning only reports from accredited doctors or medical reporting organisations, submitted using a standard form, would be accepted as evidence in disputed claims; or a “national call-off contract”, where the government would create a national framework contract and medical organisations could bid to become an approved supplier under the contract, possibly on a geographical basis.

The proposals have been ill received by many, and rightly so as they do not fall in line with earlier findings suggesting that the problem is not as bad as first thought.

MASS Chair Craig Budsworth said: “The Government has forgotten that the majority of whiplash claims in this country are genuine. We recognise that there is fraud in the whiplash claims system but the Association of British Insurers estimates that only 7% of motor insurance claims are actually fraudulent. This is, however, still too much so we welcome the Government’s interest, but we must ensure that any changes do not prevent the innocent 93% seeking justice.”

The consultation runs for 12 weeks and a response will be published in “spring 2013”, expected just weeks before the implantation of LASPO.

If you’ve been involved in a Road Traffic Accident, contact our RTA Team Manager, Yasmin Syed on 0161 214 4811 for a free, no obligation chat about your entitlement to compensation.

Simon Leighton, Managing Partner

Since that date there has been some further developments and the Court of Appeal has handed down a further judgment, revising the guidance which it issued on 26th July 2012 (Simmons v Castle [2012] EWCA Civ 1039).

The Court of Appeal originally decided that the increase should apply in all cases after 1 April 2013 (the expected implementation date of the relevant provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

Following this, the Association of British Insurers (ABI) made an application to re-open the judgment on the grounds that it would upset the carefully balanced package of Government reforms to the civil litigation system by introducing the 10% increase in general damages ahead of other measures.

The court has now issued revised guidance in order that the increase will not be awarded to any litigant who already has the benefit of a CFA or CCFA before 1 April 2013 (section 44(6) of LASPO).

The Court confirmed in all other cases, the increase will be applied on all matters decided after that date, regardless of when they were commenced.

Here at Croftons, our Injury Claims Specialists can help you bring a claim for damages for an accident you may have had recently. If you would like free no obligation advice on how the recent revised judgment may affect you, do not delay in contacting us. Our injury claims team offer specialist advise and deal with a variety of accident claims.

Lee Jones, Partner

In July this year three senior judges ruled that a 10% uplift to be applied to all personal injury awards from April 2013 applies also to cases launched before that date.

Insurers are concerned that the decision offers a double costs advantage for claimants and the ABI has now submitted papers to the High Court calling for the judgment to be reviewed.

A spokesman for the ABI said: ‘At the moment this upsets the balance that was intended by the Legal Aid, Sentencing and Punishment of Offenders Act. We have always known about the 10% uplift, but it was supposed to be balanced by a reduction in legal costs.’

The decision to increase general damages was made by the Lord Chief Justice, Master of the Rolls and Vice-President of the Court of Appeal.

In their judgment, they said it would be a ‘breach of faith’ for the judiciary not to ensure that trial judges would apply it. The uplift will apply to general damages for pain, suffering and loss of amenity in personal injury, nuisance, defamation and all other torts which cause suffering, inconvenience or distress to individuals.

Simon Leighton, Managing Partner

Our injury claims team work with a wide range of accident related cases. If you or a member of your family have been injured in an accident at work or in a public place, see how Croftons can help you and contact Simon direct. Alternatively, you can complete our contact form and one of our injury claims specialists will get in touch with you.

The number of people hurt or killed in crashes in the UK involving drink-drivers has risen.

Provision statistics revealed by the Department for Transport show the number of fatalities resulting from drink and drive accidents increased by 12 per cent from 250 in 2010 to 280 in 2011, while serious injuries rose to 1290 from 1250.

Article 3 of Reported Road Casualties Great Britain – Annual Report is due for publication later in September 2012.

According to the Institute of Advanced Motorists (IAM), the national rise in drink-drive casualties follows a drop in 2010 when drink-drive deaths were at their lowest in 30 years. IAM chief executive Simon Best said: “Any rise in drink drive casualties is worrying. With 15 per cent of all road fatalities involving a drink-driver there is clearly more to be done to reduce casualties.

“The problem is that many crashes occur the morning after – there needs to be more education on the effects of driving after drinking. A heavy night drinking could leave you over the limit the morning after. “The message to all drivers is don’t drink and drive.”

 Yasmin Syed, RTA Team Manager

If you or a member of your family have been involved in a road traffic accident and would like a free, no obligation discussion, contact Yasmin direct or complete our contact form and one of our RTA team will get in touch with you.

Other moves in the cabinet and junior ministerial team reshuffle include:

• Andrew Lansley new Leader of the House of Commons, from Health Secretary
• Theresa Villiers new Northern Ireland Secretary, from Transport minister
• Andrew Mitchell new Chief Whip, from International Development Secretary
• Ken Clarke new minister without portfolio, from Justice Secretary
• Jeremy Hunt new Health Secretary, from Culture Secretary

Michael Gove will keep his job as Education Secretary and Iain Duncan Smith will stay at Work and Pensions

For all the latest information on the cabinet reshuffle you can watch it LIVE.

Clarke has spent much of the past two years in the media spot light having presided over some of the biggest cuts in government.

The Jackson reforms to civil litigation were a key element of the past two years and under his watch, the Legal Aid, Sentencing and Punishment of Offenders Act was passed and largely comes into force in April 2013. From next April, referral fees will be banned for all personal injury cases, whilst the reforms will also remove the recoverability of success fees and after-the-event insurance from losing defendants.

It is unclear whether the role of Lord Chancellor and Justice Secretary will remain as one or split to two people. It was anticipated that the role of Justice Secretary would pass to Iain Duncan Smith but he has this morning rejected the same to stay with the Department for Work and Pensions.

We now await the announcement from 10 Downing Street…watch LIVE

Senior figures at the judiciary said the judgment was being made several months in advance to provide ‘simplicity and clarity’ before the recently passed Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) comes into force next year.

The LASPO Act 2012 has changed the way that cases (including personal injury) can be funded. Under the current Conditional Fee Agreement system (which will soon be ‘old’) lawyers are able to recover a “success fee” from the loser in a civil claim. From April 2013, winners will now have to pay the success fee out of their damages award. This fee will be capped at 25%.

It was announced by the Lord Chief Justice, Master of the Rolls and Vice-President of the Court of Appeal;

“We take this opportunity to declare that, with effect from 1 April 2013, the proper level of general damages for pain, suffering and loss of amenity in respect of personal injury, nuisance, defamation and all other torts which cause suffering, inconvenience or distress to individuals, will be 10% higher than previously”

In the judgment, it was acknowledged that the uplift would not achieve ‘perfect justice in every case’, but that the same thing could be said of any of the changes happening to the civil system at the moment.

If you have had an accident recently, particularly in the last 1 – 2 years, and are undecided as to whether you want to pursue a claim, I urge you to contact one of our injury claims specialists to discuss your options. If you delay and do not bring your claim until after 1 April 2013, you are at risk of receiving a lower award than you would if you brought your claim now despite the judgment made yesterday.

The Bill, which Prime Minister David Cameron has hailed as the biggest welfare revolution in more than 60 years, introduces an annual cap on benefits, at £26,000 per working age household, and overhauls many payments within the welfare system.

Work and Pensions Secretary Iain Duncan Smith seemed relieved that the Bill had finally passed saying: “This bill reforms every part of our welfare system and I look forward to implementing the changes our country badly needs.”

However, a report from the Joint Committee on Human Rights has warned that the bill’s changes to the benefit system could result in disabled people losing their right to independent living. These MPs worry that the ‘cumulative impact’ of welfare reforms could force some people out of their homes.

People who fall ill or have a serious accident, and have to take prolonged time off work will be negatively affected by the plans to replace Disability Living Allowance with Personal Independence Payment, by changes to Employment and Support Allowance, and will get less help from the Universal Credit during the first six months of their illness than they would get at present.

Also, people with a disability trying to work will be negatively affected by the plans to replace Disability Living Allowance with Personal Independence Payment, and will get less help from the Universal Credit than they would get at present, as the Universal Credit does not reflect help currently available to disabled people through Working Tax Credits.

Many have called for an immediate assessment on the feasibility of a law that properly enshrines the rights of disabled people to lead an independent life into UK law.

A document outlining how people might be affected by the reforms has been published by the Citizen’s Advice Bureau and can be read here.