Personal Injury Claims – Qualified One-Way Costs Shifting

Changes to Qualified One Way Cost Shifting

A new rule change is to be implemented from the 6th April 2023 which will see costs set off brought back to QOCS cases. Defendants will also be able to enforce Costs Orders up to “the aggregate amount in money terms of any orders for or agreements to pay or settle a claim for, damages, costs and interest”. This would include cases concluding by way of acceptance of a Part 36 offer or Tomlin Order.

What is QOCS?

QOCS stands for Qualified One-Way Costs Shifting and was introduced in April 2013 to provide Claimants in Personal Injury claims with protection against liability to pay Defendants’ legal costs if they are unsuccessful with their claim, save for in limited circumstances. A Defendant was not able to recover their legal costs unless one of the following applied.

• The claim is struck out (under certain conditions)
• The Claimant is found to be fundamentally dishonest
• The Claimant fails to beat the Defendants’ Part 36 offer

The rule changes have reversed the effects of Cartwright –v- Venduct Engineering Limited and Ho v Adelekun that a Defendant could only enforce in respect of orders for damages (as opposed to settlements) and cannot enforce in respect of a Claimants’ costs at all.

The changes to the QOCS rule will be updated to cover deemed costs orders and agreements to pay damages. This means that acceptance of Part 36 offers and Tomlin Orders will now be recognised under the QOCS rules and importantly where claims settle under these types of agreements then a Defendant will be able to enforce its costs against damages, interest and any Claimants’ costs.

This rule change only applies to claims where proceedings are issued on or after the 6th April 2023.

It is evident that with these new changes, Claimants will now have more risk in personal injury claims than before and Claimants will need to consider carefully the costs consequences of a Defendants’ offer making a Defendants’ offer much more powerful than before.

We have the skill and experience to negotiate settlement in PI claims. The vast majority of our claims are settled without the need to issue proceedings and this more than ever will be crucially important to minimise the risk to our clients as a Claimant in personal injury claim proceedings in relation to costs.

If you require advice or representation regarding a personal injury claim then please contact us. We offer an initial, free consultation regarding any potential claim.

 

Thank you letter from Arthur Rank Hospice

Following our donation to the Arthur Rank Hospice Charity we received this lovely letter of thanks from Ellie Weatherly, their Corporate Partnerships Lead. It is always nice to see what benefit will be derived from our donation. To find out more about Arthur Rank Hospice go to www.arhc.org.uk

Each Christmas our staff nominate three charities (one located close to each office) to receive a donation which we make in lieu of sending Christmas Cards.

Our chosen charities for December 2022 were:

Sawston office – Arthur Rank Hospice Charity https://www.arhc.org.uk

Saffron Walden office – Together in Sound https://www.saffronhall.com/take-part/together-in-sound-saffron-walden

Haverhill office – Papworth Trust https://www.papworthtrust.org.uk/

Donation to Arthur Rank Hospice Charity

Richard Booth presents cheque donation to Ellie Weatherly from Arthur Rank Hospice Charity

To complete the trio of cheque donations made from our three offices in lieu of Christmas cards in December 2022 Richard Booth presented a cheque for £150 to Ellie Weatherly of Arthur Rank Hospice Charity this afternoon.

You can find out more about Arthur Rank Hospice Charity here: https://www.arhc.org.uk/. The Charity is close to our Sawston office and is based in Shelford Bottom.

Women in Law and International Women’s Day

December 2022 marked 100 years from the time when the first woman was admitted as a solicitor in England and Wales.

The Sex Disqualification (Removal) Act permitted women to be able to work in the Civil Service and the judicial system. Prior, women were not allowed to join the legal profession as they were not recognised as ‘persons’ under the Solicitors Act 1843.

Following on from the Representation of the People Act 1918, which gave some women the right to vote, the Sex Disqualification (Removal) Act 1919 made it easier for women to become lawyers, and in December 1922, Carrie Morrison was the first woman to qualify as a solicitor, with others also being admitted.

Gloria Steinem, world-renowned feminist, journalist and activist once said “The story of women’s struggle for equality belongs to no single feminist nor to any one organisation but to the collective efforts of all who care about human rights.”

For women all over the globe, March 8th is a time to reflect on our past struggles and make stronger our shared voice. This year, the theme for the UN International Women’s Day is ‘DigitALL: Innovation and technology for gender equality.

Why I Aspire Towards A Career In Law.

A Career in Law has always been one of my biggest aspirations, yet I always find that I have a hard time articulating exactly what it is that has drawn me towards such a career path. If I had to put it in words, however, it would be the meaning of the work I have, following the path of justice, and trying to enforce the laws of the land. Studies have shown that when an employee’s work has meaning, employees are far less likely to leave their jobs, and employee satisfaction is higher. There is also massive opportunities for career growth in Law. There are jobs for someone of every skill level, from entry-level paralegals and associates, to international Lawyers, with the job of dealing with country’s relations, and enforcing Law on the world stage. The opportunity for promotion and career growth, as a result, is massive. Furthermore, Law is far from mundane. The puzzles that Law presents are stimulating, encourage out-of-the-box thinking, and the opportunity for both practical and impractical thinking.

My Personal Experiences Regarding the Law.

My first experience to do with the Law was during my parents’ divorce, which turned out to be more drawn-out than expected, with cases spanning for 7-8 years regarding things like child maintenance payments, frequency of visits etc. Of course, I didn’t have a massive role to play in terms of my opinion and provenance in the case, at the start, but as I got older, I became more involved in the system, and began to gain an experience in the court process, although I never actually went to court myself. I then gained some more experience in Law, although this time in the Bar Mock Trial System, in which took place from November 2021 to March 2022, in which I took the part of a witness in an ABH trial, which was quite interesting as I got to experience how the witness would experience the examination-in-chief, which would be more relaxed and quite well-rehearsed, as opposed to the Cross-Examination, in which you, as a witness, have to know your statement inside and out, and be able to think about different interpretations of the same statement and pick apart different parts of the statement to answer the question in a way the opposition lawyer wouldn’t expect. I also got feedback from working judges on how the team performed and some generic feedback on how to conduct yourself as a lawyer, which I will use to build on.

The Biggest Problems Facing the Law industry.

As of now the biggest problems facing the Legal industry is the competition for applicants, which means that talent in the industry is dying. As demand for legal services increases, the potential job opportunities increase along with it, as a firm’s workload increases as well. This means that firms are all vying for the same employees, meaning these increased Job Vacancies aren’t filled, as there are simply not enough lawyers available. This then means that firms are forced to settle for lower-quality employees to fill their vacancies, decreasing the quality of lawyers at the firm. On the flipside, for the employee, this is a positive, as job security is higher, and the opportunity for promotion is higher, as it there is a vacancy in your firm for a partner and you are an associate, and the firm fails to fill the void externally, the firm will have to recruit internally, meaning that you have more chance to be promoted. A problem for the employee, however, is that the path to qualifying as a solicitor, or a barrister, is strenuous and costly. Qualifying as a solicitor takes a grand total of 6 years, post 6th form/college, and costs anywhere from £40,000 up to £65,000, and this debt incurred from the education system can cripple you, and a career as a Barrister spans 5 years, with a potential cost of £40,000 up to £60,000, and although the path to becoming a Barrister is shorter and cheaper, the path is considered to be more exhausting and intense. The best way to combat this is to keep unnecessary costs low, for example, if you want to do Law, but did not take a Law Degree, it costs anywhere from £7,000 to £12,000, and adds an extra year or two on to the qualification process, and you will also have paid work experience, in the case of the barrister which will help massively to combat the fees incurred at an early stage.

The Future of Law.

The demand for Lawyers isn’t stopping, in fact job reports show that there is a positive trend of 9% in law positions from 2020 to 2030. This means that lawyers are needed in the future, and with the increase of business globalisation and technology, Law takes the global stage. Law is essential for a functioning society, and in the future, with expanse in the ability to communicate on a global level, Law will play a role in preserving the boundaries in globalisation, and it will also be there to preserve climate change laws, ensuring businesses and governments alike are working with the intentions of helping the climate and preserving our world.
In conclusion, the Law Industry is looking promising from the perspective of a high school student like myself, the opportunities are massive, job security is incredible, and a career in Law is known for wreathing economic downturns, in addition to the job security in a prospering economic climate. The job opportunities that will be available in the future with technological advances will also be interesting, adding a never-seen-before area to law. I am optimistic for the Law industry in about 10 years’ time when I will be hopefully starting my career as a lawyer, and you should be too.

Written by a recent work experience student at Adams Harrison

Marriage and Civil Partnership (Minimum Age) Act 2022

The Marriage and Civil Partnership (Minimum Age) Act 2022 came into force on Monday 27 February 2023, varying the minimum age of marriage. The Act is long overdue and is very much welcomed by divorce lawyers in England and Wales.

Traditionally, the minimum age of marriage was 12 for a woman and 14 for a man. When the Ages of Marriage Act 1929 came into force, it raised the minimum age of marriage in the UK to 16, on condition that parental consent was obtained from each child’s parent or guardian.

The introduction of the Marriage and Civil Partnership (Minimum Age) Act 2022 is intended to safeguard children from forced marriages and the related risk of exploitation, by raising the current legal age from 16 to 18 years old, irrespective of parental consent. To be clear, forced marriage is when you face physical pressure to marry (for example, threats, physical violence or sexual violence) or emotional and psychological pressure.

It is now no longer possible for anyone under 18 to marry or enter a Civil Partnership. Indeed, it will be a criminal offence for anyone under 18 to enter a marriage, and there will be no longer be the necessity to find evidence of coercion.

Further, any person who even attempts to organise a marriage where someone is under 18 will commit an offence under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014. This includes actions such as booking a church, or other venue for the purpose of a marriage.

Though guidance has been organised for many organisations, to include educational organisations, it is vital that children, parents, grandparents, educators and other professionals know about this alteration in law and understand that child marriage is illegal in England and Wales. Therefore, if you require any help, or assistance on this issue, or any issue relating to a family matter, to include divorce, nullity, or financial matters connected to divorce, please do not hesitate to contact our specialist divorce lawyers here at

Adams Harrison, 14 – 16 Church Street, Saffron Walden, Essex, CB10 1JW,
Adams Harrison, 52a High Street, Haverhill, Suffolk, CB9 8AR,
or
Adams Harrison, 43 High Street, Sawston, Cambridge, CB22 3BG,

and ask to speak to our expert lawyers Shoshana Goldhill, Emma Bilsborrow, or Kerri Westlake.

Plans For Further Protections for Expectant Mothers

The Protection from Redundancy (Pregnancy and Family Leave) Bill has had its first reading in the House of Lords. There is no detail yet as to when draft regulations will be published to amend the Employment Rights Act 1996. However, should the Bill be enacted it will provide protection against redundancy for pregnant women as well as during or after maternity leave, adoption leave or shared parental leave that is not currently available.

At present there is no reason why a pregnant woman, or someone on maternity leave cannot be made redundant as long as the selection for redundancy is not related to a reason connected to child birth or maternity leave. Women have the protection of the Equality Act 2010 in that regard in that it is unlawful discrimination to cause a woman to suffer unfavourable treatment for a reason connected to pregnancy, child birth or maternity leave. So, watch this space for new laws on their way affording even greater protection.

If you require advice about redundancy or your rights and entitlements during pregnancy and/or maternity leave our employment law specialist, Jennifer Carpenter, solicitor and managing partner has over 20 years experience of advising employees and employers.

Kerri Westlake

Kerri Westlake Adams Harrison

The partners are delighted to announce that Kerri has been approved as a Chartered Legal Executive.

Adams Harrison considers that internal progression is an important part of the culture of the firm and Kerri is an example of the opportunities available, having joined the firm after finishing school and working up through the ranks.

Kerri became a graduate legal executive in 2015 and formally became a fee earner in 2016.

She has 6 years’ experience already and is well-versed in handling complex cases but the fellowship with the Institute of Legal Executives was delayed due to the pandemic and associated factors. The partners are delighted that she has finally received this well-deserved recognition.

Congratulations Kerri!

Spring Is Coming

Debra Tofts, our friendly receptionist in Sawston, is also a Mental Health First Aider within the firm.

She is often inspired to write and circulate a poem to staff to lift the spirits, and has kindly given permission for this one to be published on our website and social media pages.

It’s Coming

You can feel it

You can see it

You can hear it

It’s coming

 

It brings you hope

It lifts you up

It restores you

It’s coming

 

Out of shadows

Out of darkness

Out of chill

It’s coming

 

The days longer

The rays brighter

The warmth alluring

It’s coming

 

Just around the corner

Just within our grasp

Just teasing us gently

It’s coming

Jack Stewart, New Partner

The Partners are delighted to announce that Jack Stewart was promoted to Partner with effect from 1st January 2023.

The Partnership Team comprises: Jennifer Carpenter, Melanie Pratlett, Shoshana Goldhill, Richard Booth and Jack Stewart.