MoJ Consultation on Jackson - Act Now!

The Consultation from the Ministry of Justice on the Civil Litigation & Funding Reforms of Lord Justice Jackson  was published late on the 15 November 2010.

It would appear that the Government is remaining with their original proposals, as indicated in the Ministerial Statement back in July.  We could therefore have massive change to the industry over the next few years but the government must be ready for a fight!

We do not believe that the introduction of these proposed changes would be good for solicitors (Legal Aid or CFA Solicitors), the ATE Industry but far more importantly for the claimants!  Wether you agree with us or not is not the issue. With such big changes within the industry your opionion should not go unheard. The Law Society "has warned that the latest government plans to reform legal aid and civil litigation funding will severely threaten access to justice."  Follow The Law Society's campaign here.

The consultation paper on implementing recommendations on civil funding and costs arrangements set out in Lord Justice Jackson's review of the Costs of Civil Litigation can be found at: http://www.justice.gov.uk/consultations/jackson-review-151110.htm

We would be grateful if you would consider, in the first instance, responding via the on-line questionnaires at: http://survey.euro.confirmit.com/wix/p485530548.aspx

However, if you prefer, you can respond via email to: privatefundingbranch@justice.gsi.gov.uk

Either way provide your view.  Justice Minister Jonathan Djanogly told Law Society president Linda Lee on 16 November 2010 that the government had issued proposals for consultation and it had not yet reached firm conclusions on these issues!

LSB board proposed changes to the referral system. Have your say!

LSB board proposed changes to the referral system.  Have your say!

The Legal Services Board has proposed changes to the referral fee system including full disclosure to clients. There will now be a consultation period of 12 weeks ending on 22 December 2010.  Have your say now.   Full details on:   http://www.legalservicesboard.org.uk/what_we_do/pdf/20100929_referral_fees.pdf

Changes to rule 2 of the Code of Conduct for Solicitors

Changes to rule 2 of the Code of Conduct for Solicitors

Have you changed your CFA yet?  If not be prepared for the changes to rule 2 of the Solicitors Code of Conduct coming in to effect from the 6 October. The changes will reflect responsibility for complaints handling passing from the Legal Complaints Service to the Legal Ombudsman.  For more information visit the Law Society website here

For more information on various legal issues and ATE Insurance compliance subscrib to this blog or visit our website here or even sign up for our news letter here

Are you registered with the FSA or an EPF (Exempt Professional Firm)?

To Sell any insurance to a client you either need to be registered by the FSA or have EPF status.  It's best to check to see if you are registered and you can do that by checking the full FSA register here or EPF register here.

Anyone who carries out insurance mediation activities  (regulated activities under the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO))  must either be authorised to do so by the FSA or fall within a number of exemptions.  This includes dealing in, arranging, assisting in the administration and performance of and advising on contracts of insurance.
Members of designated professional bodies such solicitors who are members of the Law Society do not have a requirement for authorisation if certain conditions are met (broadly, if the sale of insurance is incidental to the provision by the firm of its professional services) (section 327, FSMA). Despite the exemption, all professional firms that carry provide insurance to clients must be shown on the FSA's EPF register (article 94, RAO).

A solicitor firm will need to ensure that it also complies with the Solicitors' Financial Services (Conduct of Business) Rules 2001 (Solicitors' Rules) and the Solicitors' Financial Services (Scope) Rules 2001 which set out the extent of regulated activities that can be undertaken by solicitors.

What do you do if you are not on either register?
The Solicitors Regulation Authority (SRA) is responsible for registration and informs the FSA both of the firms carrying on Insurance Mediation Activities and the individuals within firms' management responsible for those activities.  Contact the SRA and advise that you wish to appear on the Exempt Professional Firm register. To contact the SRA click here.

For more information on a solicitor obligation or ATE Compliance issues see our the Law Link (ATE) Ltd website here.

Welcome to the ATE Insurance blog provided by Law Link ATE

Welcome to the ATE Insurance Blog provided  by Law Link

We aim to provide information on the UK ATE Insurance industry, useful case law, links and regulatory requirements for solicitors when dealing with ATE matters.