New deal for PI claims

Over the past two years a working party of the Law Society of Scotland (LSS) has been engaged in discussions with representatives of the Forum of Scottish Claims Managers (FSCM) in an effort to develop a voluntary protocol for handling personal injury claims.

Those discussions took place against the background of a general deterioration in relations between claimants’ solicitors and insurers following the refusal of many insurers to pay the “new” Chapter 10 scale fee introduced by the Society in January 2004. Those firms who had access to litigation funding opted to litigate rather than to attempt a negotiated settlement in the certain knowledge that the recoverable fee would be most unlikely to reflect properly the work done.

This approach was never likely to endear itself to the insurers, and their position in discussions has been that they would be prepared to pay an increased fee in return for a Voluntary Pre-action Protocol. The terms of the Protocol have now been agreed by both sides. A joint statement by the LSS and the FSCM follows this article. A list of participating insurers is appended to the Protocol (Appendix C, page 35 below).

The Protocol will apply to claims intimated after 1 January 2006.

Key features

The key features of the Protocol are:

• It is a voluntary protocol – on both sides. A pursuer’s solicitor may elect, but cannot be compelled, to pursue a particular claim under the Protocol. Equally, an insurer may agree, but cannot be compelled, to deal with a claim as a Protocol claim.
• It applies only to claims involving a personal injury element. Claims for property damage only are excluded.
• Industrial disease cases are excluded.
• It is designed primarily for claims with a value of up to £10,000, although there is nothing to prevent parties dealing with higher value claims under the Protocol by mutual agreement.
• The enhanced fee, described since the demise of scale fees as a “Protocol fee”, will be paid only in those cases which are settled under the protocol. The Protocol fees are set out in Appendix B (page 35 below). Fees will be reviewed annually.

Intimating the claim

The pursuer’s solicitor initiates the process by intimating a claim using style letter A1 (where intimation is made directly to the insurer) or style letter A2 (where intimation is made to the defender). For reasons related to data protection and identity theft, it was thought to be inappropriate to disclose personal details such as dates of birth and national insurance numbers to defenders: this information is omitted in style A2. The timetable will run from the date the insurer receives the letter of claim – a defender may delay in forwarding the letter to his insurer.

Where the identity of the insurer is known, it will generally be in the interests of both parties for intimation to be made directly to the insurer. The letter of claim proposes that the claim should be dealt with under the Protocol.

There is attached to the Protocol a standard disclosure list of documents which the pursuer’s solicitor may request when submitting the letter of claim or at a later stage. The list contains most of the documents which are likely to be material but is not exhaustive. It should be emphasised that only those documents which are considered to be relevant to the claim should be requested.

Investigating the merits

The insurer should acknowledge receipt of the letter of claim within 21 days using style letter B and should confirm whether or not the claim is suitable for the Protocol. It is this letter which starts the three month period for investigation of the liability aspects of the claim. By the end of that period the insurer must indicate whether liability is admitted or denied and whether contributory negligence is alleged.

If liability is denied, reasons must be given. Similarly, reasons for contributory negligence must be provided. If liability is denied to any extent, all relevant documents requested by the pursuer’s solicitor should be produced. In cases with a value of £10,000 or less, any admission of liability will be binding in subsequent proceedings, the exception being where the claim is subsequently discovered to be fraudulent.

The medical report

Once liability has been admitted, in whole or in part, the pursuer’s solicitor should instruct a medical report within five weeks. If the solicitor considers that it is premature to instruct a report because, for example, the pursuer is still undergoing treatment or is awaiting surgery, he should explain this to the insurer and seek to agree an amended timetable. When the medical report is received it should be disclosed within five weeks, assuming that the pursuer intends to rely on it. The parties may agree that supplementary questions will be put to the medical examiner via the solicitor.

It is envisaged that the great majority of reports will be instructed by the pursuer’s solicitor, using style letter C. The solicitor will be responsible for making available to the examiner all medical records relevant to the accident. There may be cases, presumably very infrequent, where the insurers rather than the solicitor will instruct the report. The solicitor will be expected to agree to disclosure of relevant medical records, although pre-accident records should be disclosed only with the express agreement of the solicitor and if relevant to the claim.

Any report on which the insurer chooses to rely should be disclosed within five weeks.

Valuing the claim

Having obtained a medical report and other supporting documentation, the pursuer’s solicitor will prepare a statement of valuation using style D. This style is taken directly from the statement of value of claim used under the Coulsfield procedures in the Court of Session. The statement of valuation, together with all supporting reports and documents, should be exhibited to the insurer. There is no timescale specified for production of the valuation. The solicitor is required to give the insurer a period of five weeks from receipt of the valuation to put forward settlement proposals before raising proceedings.

Where the insurer disputes the pursuer’s valuation, he should produce a counter-statement of valuation with the settlement offer. The pursuer then has a further five weeks within which to accept or reject the offer and the decision must be intimated to the insurer before any proceedings are raised.

Interest

Problems have been experienced with certain insurers who take an inordinate time to produce settlement cheques. The Protocol provides that payment of damages and agreed expenses must be made within five weeks of settlement, failing which interest at the judicial rate will be payable on both damages and expenses from the date of settlement until payment.

Comment

The Voluntary Pre-Action Protocol represents the single biggest change in what has until now been a virtually unregulated process. Claimants’ solicitors are of course entitled to opt in or out of the Protocol on a case by case basis as they see fit. It should, however, be recognised that quite apart from the enhanced fee payable under the Protocol, it does confer significant benefits for claimants such as greater access to documents, binding admissions of liability, interest on late payment and, by no means least, a fixed timescale for investigation of claims.

Much will depend upon how the Protocol is operated in practice. It is recognised that there may be teething problems and differences of interpretation. It has been agreed that a panel comprising representatives from both sides will meet quarterly in order to offer guidance to members on the interpretation and application of the Protocol. Anyone who encounters problems with the scheme should contact Bruce Ritchie at the Society.

Although not part of the Protocol, ongoing discussions are taking place between the Society and the FSCM in an effort to clarify the insurers’ position in relation to fees in respect of vehicle damage and hire charges. It is hoped that a statement will be made in next month’s edition of the Journal.

Joint statement by the Society and FSCM

In 1996 Lord Woolf, in his final Access to Justice Report, recommended the development of pre-action protocols in England and Wales “To build on and increase the benefits of early but well informed settlement which genuinely satisfy both parties in dispute”. Whilst the protocols were subsequently introduced, no such progress has been made in Scotland. Over the last two years the Law Society of Scotland (LSS) has been working with the Forum of Scottish Claims Managers (FSCM) to develop a voluntary equivalent. During this time the FSCM has grown to encompass most of the insurers who handle Scottish claims. This together with the LSS membership should enable the Protocol to be adopted on the majority of personal injury cases in Scotland.

As with Lord Woolf’s reforms the Protocol has been developed to enhance the claims process by creating a timetable for tasks to be completed and encouraging a climate of greater openness and co-operation between insurers and solicitors. It is hoped that this will benefit claimants, defenders and ultimately the courts as the process becomes less adversarial, claims are resolved more quickly and the need for litigation is reduced.

The Protocol has introduced a mechanism for the disclosure of relevant documentation. This aspect, in particular, is designed to increase openness and co-operation. If it is to work effectively, requests should be restricted to the key documents that are proportionate to the claim. Solicitors should be aware of the requirement that requests for disclosure of documents should be proportionate. In this respect the lists in the Appendix to the Protocol are to be treated as guidelines, and should not be taken as representing a standard shopping list.

Where parties intend to rely on them, witness details should be exchanged as soon as possible.

Finally it is inevitable that differences of interpretation will arise, particularly in the early months of the Protocol.  A Protocol User Group comprising representatives from the LSS and FSCM is to meet on a three-monthly basis. Where problems arise in practice, it is suggested that an initial referral should be made to the User Group which may issue guidance and recommendations from time to time.

The LSS and FSCM will review the Protocol and fees annually.

VOLUNTARY PRE-ACTION PROTOCOL IN SCOTLAND FOR PERSONAL INJURY CLAIMS

The full terms of the Protocol as agreed between the Law Society of Scotland and the Forum of Scottish Claims Managers

1. PURPOSE OF VOLUNTARY PROTOCOL

1.1 The Voluntary Protocol has been kept deliberately simple to promote ease of use and general acceptability.

1.2 The aims of the Voluntary Protocol are:

• To put parties in a position where they may be able to settle cases fairly and early without litigation;
• To ensure the early provision of reliable information reasonably required to enter into meaningful discussions re liability and quantum;
• To enable appropriate offers to be made either before or after litigation commences.

1.3 It also sets out good practice making it easier for the parties to obtain and rely upon information required.

1.4 The Voluntary Protocol encourages the joint exploration of rehabilitation at an early stage, in appropriate cases, without prejudice to liability.

1.5 The standards within the Voluntary Protocol are to be regarded as the normal, reasonable approach to pre-action conduct in relation to Voluntary Protocol cases.

2. INTRODUCTION

A Voluntary Pre-Action Protocol in Scotland

2.1 Unlike England, there is no statutory basis for a pre-action protocol. The Protocol will therefore require to be entered into voluntarily on an individual case by case basis by mutual agreement. It will be for the pursuer’s agent to intimate the claim in the general format of specimen letter A1 or A2 which will invite the defender or insurer to agree on a case by case basis that conduct of the pre-action negotiations is to be undertaken in terms of the Voluntary Protocol. When a defender or Insurer accepts, a letter in the general format of specimen letter B will be sent within 21 days of receipt of the letter of claim. Thereafter the claim will proceed in terms of the Voluntary Protocol in respect of the negotiations, disclosure, repudiation of liability, settlement and calculation of fees.

2.2 The agent may wish to notify the insurer as soon as they know a claim is likely to be made but before they are able to send a detailed letter of claim, particularly for instance, when the insurer has no or limited knowledge of the incident giving rise to the claim or where the claimant is incurring significant expenditure as a result of the accident which he/she hopes the insurer might pay for, in whole or in part. If the pursuer’s agent chooses to do this, it will not start the timetable for responding.

2.3 The Voluntary Protocol if entered into will apply in all cases which include a claim for personal injury (excepting clinical negligence and disease and illness cases) and will apply not merely to the personal injury element of a claim but also to other heads of loss and damage. It is primarily designed for road traffic, tripping and slipping and accident at work cases where the value of the claim is up to £10,000. The Protocol is voluntary and there is nothing to prevent parties by mutual agreement dealing with any claim of a higher value under the Protocol.

2.4 Where proceedings are raised in a Voluntary Protocol case, whether for the payment of damages or for the recovery of evidence and other orders under the Administration of Justice (Scotland) Act 1972, without prejudice to any existing rule of law, it shall be open to any party to lodge Voluntary Protocol communications for the sole purpose of assisting the court in any determination of expenses.

3. LETTER OF CLAIM

3.1 The agent shall send to the proposed defender (or to his insurer if known) a letter of claim as soon as sufficient information is available to substantiate a claim and before issues of quantum are addressed in detail. The letter should ask for details of the insurer if not known and the letter should request that a copy should be sent by the proposed defender to the insurer where appropriate. If the insurer is known, a copy shall be sent directly to the insurer.

3.2 The letter shall contain a clear summary of the facts on which the claim is based, including allegations of negligence, breaches of common law or statutory duty, together with an indication of the nature of any injuries suffered and of any financial loss incurred, so far as known. In all cases the letter should provide the name and address of the hospital where treatment has been obtained and where appropriate, the name and address of the claimant’s own motor insurer.

3.3 Agents are recommended to use a standard format for such a letter, specimen letter A1 or A2: this can be amended to suit the particular case.

3.4 Sufficient information should be given in order to enable the insurer to commence investigations and at least put a broad valuation on the “risk”.

3.5 The insurer should acknowledge the letter of claim within 21 days of the date of receipt of the letter. The insurer should advise in a letter in the terms of specimen B whether it is agreed that the case is suitable for the Voluntary Protocol. If there has been no reply by the defender or insurer within 21 days, the claimant will be entitled to issue proceedings.

3.6 Where liability is admitted, the insurer will be bound by this admission for all Protocol claims with a personal injury value, as laid down in 2.3, of less than £10,000. The exception to this will be when, subsequently, there is evidence that the claim is fraudulent.

3.7 The insurer will have a maximum of three months from the date of specimen letter B to investigate the merits of the claim. Not later than the end of that period, the insurer shall reply, stating whether liability is admitted or denied and giving reasons for their denial of liability, including any alternative version of events relied upon and all available documents supporting their position.

3.8 The aim of early disclosure of documents by the insurer is to promote an early exchange of relevant information to help in clarifying or resolving the issues in dispute. If the insurer denies liability, in whole or in part, they will at the same time as giving their decision on liability, disclose any documents which are relevant and proportionate to the issues in question, with reference to those identified in the letter of claim.

3.9 Attached at Appendix A are specimen, but not exhaustive, lists of documents likely to be material in different types of claim. Where the pursuer’s agent’s investigation of the case is well advanced, the letter of claim should indicate which classes of documents are considered relevant for early disclosure. Where this is not practical, these should be identified as soon as practical but disclosure will not affect the timetable.

3.10 Where the insurer admits primary liability but alleges contributory negligence by the pursuer, the insurer should give reasons supporting these allegations and disclose those documents from Appendix A which are relevant and proportionate to the issues in dispute. The pursuer’s agent should respond to the allegation of contributory negligence before proceedings are issued.

Medical reports

3.11 A medical report will be instructed at the earliest opportunity but no later than five weeks from the date the insurer admits, in whole or part, liability unless there is a valid reason for not obtaining a report at this stage. In those circumstances, the pursuer’s agent will advise accordingly and agree an amended timetable with the insurers or withdraw the case from the Protocol. Any medical report obtained and on which the pursuer intends to rely will be disclosed to the other party within five weeks from the date of its receipt. By mutual consent, the insurers may ask the examiner, via the pursuer’s agent, supplementary questions.

3.12 The pursuer’s agent will normally instruct a medical report, will organise access to all relevant medical records, and will send a letter of instruction to a medical expert in general terms of specimen letter C. Where it has been agreed that the insurer will obtain the medical report, the pursuer’s agent will agree to disclosure of all medical records relevant to the accident. Pre-accident medical records will be disclosed only with the specific agreement of the pursuer’s agent and if relevant to the claim. Any medical report on which the insurer intends to rely will be disclosed to the pursuer’s agent within five weeks of receipt.

Damages

3.13 The pursuer’s agents will send to the insurer a Statement of Valuation of Claim (“the Statement of Valuation”) with supporting documents, where the insurer has admitted liability. The pursuer’s agents are recommended to use a standard format for the Statement of Valuation. An example is at specimen D. This can be amended to suit the particular case.

4. SETTLEMENT

4.1 Where the insurer admits liability, in whole or in part, before proceedings are issued, any medical reports, supporting documentary evidence and Statement of Valuation obtained under this Voluntary Protocol on which a party relies, should be disclosed to the other party. The pursuer’s agent should delay issuing proceedings for five weeks from the date the insurer receives the statement of valuation to enable the parties to consider whether the claim is capable of settlement.

4.2 Where a Statement of Valuation with supporting documents has been disclosed under 3.12, the insurer shall offer to settle the claim based on their reasonable valuation of it within five weeks of receipt of such disclosure, serving a counter-schedule of valuation if they dispute the pursuer’s agent’s valuation.

4.3 The pursuer’s agent will advise insurers whether or not their offer is to be accepted or rejected, prior to the raising of proceedings and in any event within five weeks of receipt.

4.4 Where a Voluntary Protocol case settles, cheques for both damages and agreed expenses must be paid within five weeks of receipt of the settlement. The date of settlement will be the date when the insurer receives notification of settlement. Thereafter, interest will be payable on both damages and expenses due and payable in accordance with the agreed settlement terms at the prevailing judicial rate from the date of settlement until payment is made in full.

APPENDIX A
STANDARD DISCLOSURE LISTS

RTA cases

SECTION A

In all cases where liability is at issue –

(i) Documents identifying nature, extent and location of damage to defender’s vehicle where there is any dispute about point of impact

(ii) MOT certificate where relevant

(iii) Maintenance records where vehicle defect is alleged or it is alleged by defender that there was an unforeseen defect which caused or contributed to the accident

SECTION B

Accident involving commercial vehicle as potential defender –

(i) Tachograph charts or entry from individual control book, where relevant

(ii) Maintenance and repair records required for operators’ licence where vehicle defect is alleged or it is alleged by defendants that there was an unforeseen defect which caused or contributed to the accident

SECTION C

Cases against local authorities where highway design defect is alleged –

(i) Documents produced to comply with section 39 of the Road Traffic Act 1988 in respect of the duty designed to promote road safety, to include studies into road accidents in the relevant area and documents relating to measures recommended to prevent accidents in the relevant area

Road/footway tripping claims

Documents from the highway authority or local authority for a period of 12 months prior to the accident –

(i) Records of inspection for the relevant stretch of road/footway

(ii) Maintenance records including records of independent contractors working in relevant area

(iii) Statement of the roads authority’s policy under the Code of Practice for Delivering Best Value in Highway Maintenance 2001 or alternatively records of the minutes of Highway Authority or Local Authority meetings where maintenance or repair policy has been discussed or decided

(iv) Records of complaints about the state of roads/footway at the accident locus for a 12 month period prior to the accident

(v) Records of other accidents which have  occurred on the relevant stretch of road/footway within 12 months of the accident

Workplace claims

(i) Accident book entry

(ii) First aider report

(iii) Surgery record

(iv) Foreman/supervisor accident report

(v) Safety representatives accident report

(vi) RIDDOR report to HSE

(vii) Other communications between defenders and HSE

(viii) Minutes of Health and Safety Committee meeting(s) where accident/matter considered

(ix) Report to DSS

(x) Documents listed above relative to any previous accident/matter identified by the claimant and relied upon as proof of negligence

(xi) Earnings information where defender is employer

Documents produced to comply with requirements of the Management of Health and Safety at Work Regulations 1999 –

(i) Pre-accident risk assessment required by regulation 3

(ii) Post-accident re-assessment required by regulation 3

(iii) Accident investigation report prepared in implementing the requirements of regulation 5

(iv) Health surveillance records in appropriate cases required by regulation 6

(v) Information provided to employees under regulation 10

(vi) Documents relating to the employee’s health and safety training required by regulation 13

Workplace claims – disclosure where specific regulations apply

SECTION A

WORKPLACE (HEALTH SAFETY AND WELFARE) REGULATIONS 1992

(i) Repair and maintenance records required by regulation 5

(ii) Housekeeping records to comply with the requirements of regulation 9

(iii) Hazard warning signs or notices to comply with regulation 17 (traffic routes)

SECTION B

PROVISION AND USE OF WORK EQUIPMENT REGULATIONS 1998

(i) Manufacturers’ specifications and instructions in respect of relevant work equipment establishing its suitability to comply with regulation 4

(ii) Maintenance log/maintenance records required to comply with regulation 5

(iii) Documents providing information and instructions to employees to comply with regulation 8

(iv) Documents provided to the employee in respect of training for use to comply with regulation 9

(v) Any notice, sign or document relied upon as a defence to alleged breaches of regulations 14 to 18 dealing with controls and control systems

(vi) Instruction/training documents issued to comply with the requirements of regulation 22 insofar as it deals with maintenance operations where the machinery is not shut down.

(vii) Copies of markings required to comply with regulation 23

(viii) Copies of warnings required to comply with regulation 24

SECTION C

PERSONAL PROTECTIVE EQUIPMENT AT WORK REGULATIONS 1992

(i) Documents relating to the assessment of the personal protective equipment to comply with regulation 6

(ii) Documents relating to the maintenance and replacement of personal protective equipment to comply with regulation 7

(iii) Record of maintenance procedures for personal protective equipment to comply with regulation 7

(iv) Records of tests and examinations of personal protective equipment to comply with regulation 7

(v) Documents providing information, instruction and training in relation to the personal protective equipment to comply with regulation 9

(vi) Instructions for use of personal protective equipment to include the manufacturers’ instructions to comply with regulation 10

SECTION D

MANUAL HANDLING OPERATIONS REGULATIONS 1992

(i) Manual handling risk assessment carried out to comply with the requirements of regulation 4(1)(b)(i)

(ii) Re-assessment carried out post-accident to comply with requirements of regulation 4(1)(b)(i)

(iii) Documents showing the information provided to the employee to give general indications related to the load and precise indications on the weight of the load and the heaviest side of the load if the centre of gravity was not positioned centrally to comply with regulation 4(1)(b)(iii)

(iv) Documents relating to training in respect of manual handling operations and training records

(v) All documents showing or tending to show the weight of the load at the material time

SECTION E

HEALTH AND SAFETY (DISPLAY SCREEN EQUIPMENT) REGULATIONS 1992

(i) Analysis of work stations to assess and reduce risks carried out to comply with the requirements of regulation 2

(ii) Re-assessment of analysis of work stations to assess and reduce risks following development of symptoms by the claimant

(iii) Documents detailing the provision of training including training records to comply with the requirements of regulation 6

(iv) Documents providing information to employees to comply with the requirements of regulation 7

SECTION F

CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH REGULATIONS 2002

(i) Risk assessment carried out to comply with the requirements of regulation 6

(ii) Reviewed risk assessment carried out to comply with the requirements of regulation 6

(iii) Copy labels from containers used for storage handling and disposal of carcinogenics to comply with the requirements of regulation 7(2A)(h)

(iv) Warning signs identifying designation of areas and installations which may be contaminated by carcinogenics to comply with the requirements of regulation 7

(v) Documents relating to the assessment of the personal protective equipment to comply with regulation 7

(vi) Documents relating to the maintenance and replacement of personal protective equipment to comply with regulation 7

(vii) Record of maintenance procedures for personal protective equipment to comply with regulation 7

(viii) Records of tests and examinations of personal protective equipment to comply with regulation 7

(ix) Documents providing information, instruction and training in relation to the personal protective equipment to comply with regulation 7

(x) Instructions for use of personal protective equipment to include the manufacturers’ instructions to comply with regulation 7

(xi) Air monitoring records for substances assigned a maximum exposure limit or occupational exposure standard to comply with the requirements of regulation 7

(xii) Maintenance examination and test of control measures records to comply with regulation 9

(xiii) Monitoring records to comply with the requirements of regulation 10

(xiv) Health surveillance records to comply with the requirements of regulation 11

(xv) Documents detailing information, instruction and training including training records for employees to comply with the requirements of regulation 12

(xvi) Labels and health and safety data sheets supplied to the employers to comply with the CHIP Regulations.

SECTION G

CONSTRUCTION (DESIGN AND MANAGEMENT) (AMENDMENT) (REGULATIONS 2000

(i) Notification of a project form (HSE Fl 0) to comply with the requirements of regulation 7

(ii) Health and safety plan to comply with requirements of regulation 15

(iii) Health and safety file to comply with the requirements of regulations 12 and 14

(iv) Information and training records provided to comply with the requirements of regulation 17

(v) Records of advice from and views of persons at work to comply with the requirements of regulation 18

SECTION H

PRESSURE SYSTEMS AND TRANSPORTABLE GAS CONTAINERS REGULATIONS 1989

(i) Information and specimen markings provided to comply with the requirements of regulation 5

(ii) Written statements specifying the safe operating limits of a system to comply with the requirements of regulation 7

(iii) Copy of the written scheme of examination required to comply with the requirements of regulation 8

(iv) Examination records required to comply with the requirements of regulation 9

(v) Instructions provided for the use of operator to comply with regulation 11

(vi) Records kept to comply with the requirements of regulation 13

(vii) Records kept to comply with the requirements of regulation 22

SECTION I

LIFTING OPERATIONS AND LIFTING EQUIPMENT REGULATIONS 1998

(i) All documents showing the weight of any load to establish lifting equipment of adequate strength and stability to comply with regulation 4

(ii) All notices and markings showing the safe working load of machinery and accessories to comply with regulation 7

(iii) All documents showing lifting operations have been planned by a competent person, appropriately supervised and carried out in a safe manner to comply with regulation 8

(iv) All defect reports to comply with regulation 10

SECTION K

CONSTRUCTION (HEAD PROTECTION) REGULATIONS 1989

(i) Pre-accident assessment of head protection required to comply with regulation 3(4)

(ii) Post-accident re-assessment required to comply with regulation 3(5)

SECTION L

GAS CONTAINERS REGULATIONS 1989

(i) Information and specimen markings provided to comply with the requirements of regulation 5

(ii) Written statements specifying the safe operating limits of a system to comply with the requirements of regulation 7

(iii) Copy of the written scheme of examination required to comply with the requirements of regulation 8

(iv) Examination records required to comply with the requirements of regulation 9

(v) Instructions provided for the use of operator to comply with regulation 11

(vi) Records kept to comply with the requirements of regulation 13

(vii) Records kept to comply with the requirements of regulation 22

SECTION M

CONSTRUCTION (HEALTH, SAFETY AND WELFARE) REGULATIONS 1996

(i) All documents showing the identity of the principal contractor, or a person who controls the way in which construction work is carried out by a person at work, to comply with the terms of regulation 4

(ii) All documents and inspection reports to comply with the terms of sections 29 and 30

APPENDIX B

PERSONAL INJURY CASES – PROTOCOL FEES FROM 1 JANUARY 2006

The fees for claims intimated after 1 January 2006 and dealt with entirely under the Protocol comprise the following elements:

1. INVESTIGATION FEE

  On settlements up to and including £1,500 £ 300

  On settlements over £1,500 £ 660

2. NEGOTIATION AND COMPLETION FEE

  On settlements up to £2,500 25 %

  On the excess over £2,500 up to £5,000 15 %

  On the excess over £5,000 up to £10,000 7.5 %

  On the excess over £10,000 up to £20,000 5 %

  On the excess over £20,000  2.5%

  NOTES

(1) In addition, VAT (on all elements) and outlays will be payable.

(2) In cases including payment to CRU the Protocol fee will be calculated in accordance with the following examples:

(i) Solatium £5,000

  Wage loss £5,000

  CRU repayment £2,000

  Sum paid to pursuer £8,000

  In these circumstances the Protocol fee will be based on £10,000 being the total value of the pursuer’s claim.

(ii) Settlement as above but repayment to the CRU is £6,000 and only £5,000 can be offset.  Payment to the pursuer is £5,000 and £6,000 to the CRU.  The protocol fee will be on £10,000 being the value of the pursuer’s claim, as opposed to the total sum paid by the insurer – £11,000.

  (3) In cases involving refundable sick pay the Protocol fee will be calculated by including any refundable element.

APPENDIX C
MEMBERSHIP OF THE FSCM

The following insurers are currently members of the FSCM:

• NFU
• E-sure
• Halifax
• Sainsbury’s Bank
• First Alternative
• Zurich Municipal
• Zurich Commercial
• Eagle Star Direct
• Zurich London
• Zurich Personal Lines Insurance
• Norwich Union
• Norwich Union Direct
• Ford Insure
• AIG Europe (UK) Ltd on behalf of New Hampshire Insurance Co
• Landmark Insurance Co
• Allianz Cornhill
• RSA
• More Than
• Direct Line
• Churchill
• Prudential
• Tesco
• Privilege
• Devitt
• UKI Insurance – (Peugeot, Citroen, Barclay, Nat-West, BMW Fleet, Vauxhall, eg and Renault)
• Pearl
• NIG
• Nationwide
• Lloyds TSB
• AXA
• QBE
• CIS General Insurance Society Ltd
  
• Marsh (on behalf of self insured clients)
• AON (on behalf of self insured clients)