28 February 2013

How to win friends and influence Access to Justice

Thursday, February 28, 2013 | | Edit Post

How to win friends and influence access to justice

On the eve of the Judicial Review into the reduction of fixed fees payable to Claimant Lawyers representing injured motorists -  it is perhaps timely to read that Peter Wood, and his fellow investors in E-sure, stand to share a fortune of as much as £500 million when E-Sure is listed on the stock market.

Firstly – don’t get me wrong – I think that Peter Wood is an exceptional entrepreneur, who has helped transform the general insurance business.

My difficulty here is squaring the circle that is – if the insurance lobby are right – and all motor insurers are now something akin to charities – working for no reward – at the mercy of Claimants, Claims Management Companies and Claimant  Solicitors – how is it that E-Sure, in the depth of a recession, report a 110% increase in pre tax profits, to £115.5 million last year. Or, for that matter, how Direct Line, a company founded by Peter Wood, increased the operating profit of its Motor Insurance division to £261.8 m.

If the general insurance business is so poor – the victim of a ‘compensation culture’ - then why is there an appetite in the City for a flotation that is expected to value E-Sure at between £600 million and £1 billion?
Perhaps another question for the eve of the Judicial Review would be – how is it that the Insurance Lobby have been so successful in getting their message across to Government. Why is it that the government has refused Freedom of Information requests into what was discussed, promised and agreed at the Downing Street Summit between government and the insurers?

Perhaps you really do get what you pay for…………..

If you want to know where Chris Grayling , Justice Secretary stands – here is how he announced  his consultation process ‘Grayling said: ‘For too long honest drivers have been bearing the price of a system that has been open to abuse and it is time for that to change.'
Sounds like his mind is made up before the process even began? Why would that be?

Perhaps it comes back to the success of the insurance lobby. If you want your voice heard, and your interests represented at the highest level, how would you go about that?

Perhaps you would try and buy some influence. When Chris Grayling was Shadow Home Secretary, Peter Wood, founder of E-Sure, founder of Direct Line (you remember him) paid £71000.00 to run Grayling’s office.

According to an investigation by the Guardian, financial firms with insurance interests have given the Tories £5.4m in the last decade, £4.9 m since Cameron became leader.

Calm down dear – it’s only access to justice.

And why does this matter? The reduction in fixed fees, which represents a 60% cut in legal fees payable by the negligent party,  is just part of a raft of measures being driven through by this government that will drastically reduce access to justice for the innocent injured party. The government is proceeding with these reforms directly against the advice of their own experts. There is a driving force here that is creating a perfect storm for the injured victims, and how they will access justice in the future. 

The problem with Access to Justice is once its gone, its gone.



Gavin Hannah


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14 February 2013

12 Years for an admission of liability

Thursday, February 14, 2013 | | Edit Post
Last month it was widely reported that a mother had won a 14 year battle to win compensation for her brain damaged son from the Hospital where he was born.
The case involved the Royal Bournemouth Hospital, and Clare Scott’s fight on behalf of her son Charlie.
This tragic case highlights an often unreported problem within the insurance industry.
 


In recent years the NHS, Government and Insurance lobby, often with the full support of the press, have painted all Claimant Personal Injury Lawyers as the villain of the piece – fat cat lawyers, pursuing frivolous claims at the expense of the NHS / Local Authority / Insurance Companies / Joe Public (delete as appropriate).
Unfortunately, for Claimant lawyers, the counter argument is not as sensational, and does not suit sound bite culture quite so well. Consequently they struggle to get their message across.
However this case, whilst exceptional, highlights one of the real problems that Claimant lawyers face, and one of the major contributors to the high legal costs that Defendants complain of.
It took 12 years for the Defendant to admit liability. 12 years. One can only imagine what legal costs would be run up by both Claimant and Defendant in such a period of time.
Whilst we read reports of fraudulent and frivolous claims, we see little of spurious and frivolous defences -  defences run by the self same parties who then complain of the legal costs that they have to bear.
The success of the insurance lobby, and the governments wish to reduce the amounts paid in compensation by the NHS and local councils, has resulted in a rash of legislation, much of which is to be implemented in April of this year.
This legislation will undoubtedly restrict access to justice for the innocent victims. The legislation is being rushed through, some being implemented directly against the advice of the experts whom the government have appointed to review it.
The problem of course is that with access to justice - once its gone, its gone.
You have to be a robust and well funded Claimant solicitor to run case such as the one reported – to fight for 12 years to get to the point where liability is admitted – to risk running a case for that length of time and receive nothing.
The proposed sweeping changes, reduction in costs, the inability of solicitors to insure the majority of their cases – will mean that in the near future there will not be the number of Claimant solicitors that there are today – and that those left will be more risk averse through commercial necessity.
Insurers will often tell you that they can deal with the Claimant direct – that Claimant solicitors are an unnecessary, and costly, addition to the process.
Where would that have left Clare Scott, her son Charlie – and the many thousands like them, whose claims are originally denied, only to be admitted years later, or at the door of the Court, once extensive legal costs have been built up on each side.

Gavin Hannah


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27 November 2012

Allianz in record £23m payout to teenager paralysed in car crash | Online only | Insurance Times

Tuesday, November 27, 2012 | | Edit Post
Allianz in record £23m payout to teenager paralysed in car crash | Online only | Insurance Times
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13 November 2012

Spinal Research

Tuesday, November 13, 2012 | | Edit Post

Spinal Research


I was lucky enough to attend Spinal Research’s ‘Research Reception’ last week at Kings College, London.
The evening included a tour of the labs, with an opportunity to see the ground breaking research that they are doing, and discuss this with the Doctors, Professors  and PhD students working on the projects.
They are working on what was once thought impossible – therapies that will restore movement, feeling and function – and transform the lives of paralysed people. The treatment, using the bacterial enzyme chondroitinase, has the potential to prevent or reverse paralysis following  spinal injury.
The aim is to get the treatment to a form that is safe for use in humans so that it can be taken to clinical trials.
Whilst it is very difficult to distil 10 years of  research in to bite sized, understandable chunks for groups of interested lay people, that is exactly what they managed to do – with the trips around the labs, and a presentation pulling everything together
The one thing that everyone I spoke with had in common was their enthusiasm for the work that they were carrying out, and their high levels of motivation to get these projects where they need to be. Everyone seems to have the end goal in sight – even though that it likely to be some years away – and there is a real appreciation as to how even the smallest improvement in function can make the world of difference, as described so eloquently on the night by Den Eley, someone who has suffered a spinal cord injury, and who is now a very active supporter of Spinal Research, and founder of the Dan Eley foundation (www.danieleley.org)
There are better known charities out there, and probably some that are an easier ‘sell’ – but this is truly cutting edge, ground breaking work – that will hopefully  change the lives of victims of spinal injury in the future.
Spinal research need and deserve your support!!
Many thanks to everyone involved in the evening – it was inspirational
Gavin Hannah 

http://www.spinal-research.org/
@SpinalResearch
http://www.facebook.com/SpinalResearch
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05 November 2012

The Times Cities Fit for Cycling - 1 year on

Monday, November 05, 2012 | | Edit Post
The Times today marked the first anniversary of the day when one of their reporters was knocked off her bike on the way to work.
While their colleague, Mary Bowers, remains in a coma, the campaign that her terrible accident prompted is going from strength to strength.
The Times has secured support from the three main political parties and has also won the respect of their peers, winning Best Media Campaign at the National Transport Awards.
In marking the anniversary The Times has also collated some fairly shocking statistics for the year since Mary's accident. In that year over 100 cyclists have died on Britain's roads. The youngest was 8 years old, the oldest was 80. In 2012 11 have died in London, 3 in Edinburgh, and 2 on the same stretch of the A1 in Nottingham.
Let us hope that the Campaign continues to grow, and is able to capitalise on the momentum it has, and the political support it has mustered.
The next stage of the campaign will focus on how cities must adapt to the bike.
At Cycle Accident Helpline we continue to support the campaign, and everything that it stands for.
It is heartening to see News International throwing their considerable weight behind the welfare of cyclists. As cycling continues to increase in popularity it cannot be stressed how important it is that we continue to push for the levels of cycle safety that many of our near neighbours take for granted as the norm.
If you have been unfortunate enough to have been involved in an accident contact the experts at Cycle Accident Helpline - their solicitors are waiting for your call, and their advice is free.
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05 September 2012

Ride London - Londons weekend of cycling 2013

Wednesday, September 05, 2012 | | Edit Post
London will build on Great Britains success at the Olympic Games this year - not to mention the increased interest following the Tour de France - with a weekend of events in the capital next year.

On the Saturday an eight mile family fun ride will take place for up to 70000 cyclists on a loop of closed roads around London's landmarks.
On the Sunday up to 20000 amateur, club and professional riders will take part in a 100 mile ride, based on much of the route of the 2012 Games.
You can enter the ballot at http://www.ridelondon.co.uk/Events/100.htm
So, whilst you can't play football at Wembley, or tennis at Wimbledon - you can ride in the tracks of your heroes!
It is hoped that the event will become the cycling equivalent of the London Marathon.
Get involved - and say you were there when it all started!!
Let's hope that we can keep the momentum in the support for cycling, and that part of the legacy of the games will be increased safety for cyclists - and include considering the cyclists perspective when road and infrastructure projects are at the planning stages.
Let's make London a city fit for cyclists!
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28 June 2012

Report on cyclists injuries in London

Thursday, June 28, 2012 | | Edit Post
Study shows how cyclists are injured and killed on London’s streets

A recent report has highlighted the risks posed to cyclists in the city by HGVs. This may seem an obvious point, but very little evidence had existed previously to prove the link.

The study, published in the Emergency Medical Journal, was carried out over 6 years and involved all patients with serious cycling injuries brought into the Royal London Hospital by ambulance or helicopter – a total of 265 over the period of the study.

Around 20% of the accidents recorded involved an HGV, and that 20% represented the casualties with more severe injuries, a longer stay in hospital, and, even more tellingly, a higher death rate.



Ghost cycle marking the spot where Deep Lee  was killed by a lorry cycling at King's Cross on 3rd October, 2011.

The figures are stark – those involved in collisions with HGVs were more likely to die, 21%, compared to 6% from car collisions. HGVs were more likely to cause severe injuries to the torso, pelvis and limbs.

For those that survived the results are equally serious, those involved in collisions with HGVs on average remained in hospital for longer, 12 days as compared to 1 day, and they were more likely to be transferred to another hospital, suggesting the need for continuing care. The report did not follow up the long term impact on patients, though further research is due to address this area.

The study’s author is Dr Joanna Manson, Trauma Research Fellow at Barts and the London Medical School, Queen Mary, University of London and surgery registrar at Barts and The London NHS Trust.

She said  “This research paints a grisly picture of the injuries sustained by cyclists who are unlucky enough to be involved in a collision. But it’s a first step in providing evidence about the devastating impact of those most serious cycling injuries.”

Dr Manson explains: “Patients are more likely to survive severe injury if they are treated in a major trauma centre, such as The Royal London Hospital, but the injuries caused by colliding with a car or an HGV can be very serious and some patients cannot be saved.

“Overall, increasing cycling in our cities is beneficial both to the individual and to the city but the risk of injury remains a major deterrent. Exactly how to improve the safety for people cycling in urban environments is unclear and we need more evidence to guide policy making in this area.”

Gavin Hannah, Director of Cycle Accident Helpline and Injuria Personal Injury Claims said ‘This report adds substance to the anecdotal evidence and headlines that we are all too familiar with. Hopefully this report, and studies like it, together with the higher profile that cyclists are enjoying generally, will add to calls for greater safety measures as standard on HGVs.

Anyone that has been unfortunate enough to have been injured in an accident, with an HGV or car, should seek legal advice with regards to pursuing a claim for compensation. Contact Cycle Accident Helpline – their solicitors are expert in cycle accidents, and the advice is free.

www.cycle-accident-helpline.co.uk

0800 7569708


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