NM News

27 Mar

Big changes ahead for Personal Injury Claims

Posted in Law, UK News on 27.03.13

In the UK a new law will come into effect from April 1st 2013 called the LASPO – which stands for The Legal Aid, Sentencing and Punishment of Offences Act. This has come about following an ongoing investigation regarding pricing by Lord Jackson, which started 3 years ago.

There will also be other changes taking place including the possibility of reduction to Road Traffic Accidents fixed pricing, from £1200 to £500, although this hasn’t been confirmed just yet.

The overall compensation commission to solicitors schedule to rise by 10% after April 1st. This contradicts the contingency fees which are in place at present where a solicitor can charge any fee “up to a maximum of 25%”, this is known as a success fee. This is to cover the risk element that the solicitor takes if the case is unsuccessful and therefore the solicitor doesn’t make any money.

‘Referral fees’ will also come to an end from April 1st 2013 which will largely affect how Claims Management Companies will deal with new claims.

This will have a huge impact on the “compensation culture” some suggest has come over from the way things work in the USA.  It has been reported that Claims Management Companies were passing on claims without being checked first, on to solicitors to obtain a referral fee.

Under the new legislation on April 1st, a person will no longer be in a position to become insured to cover them losing if their case is unsuccessful and so will be liable for their own cost.

Despite these plans, the future of personal injury claims remain unpredictable as it is still important to promote justice to innocent and trustworthy people who have genuine cases of personal injury. What will happen still remains to be seen.

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21 Jun

Assange’s Diplomatic Asylum in Ecuador Will Not Exempt Him From UK Law

Posted in General News on 21.06.12

Julian Assange, the founder of the controversial website Wikileaks, was arrested for several cases involving Swedish women. However, he has sought refuge seeking asylum within the Ecuador Embassy in the United Kingdom. In recent history, many suspects have sought asylum in embassies. However, there is no law the decrees that people who are under review for asylum cannot be arrested once they are out of embassy grounds.

By law, international embassies in every country cannot be held for any decision they make. No upset can be made inside the embassies no matter what the consequence. State law and letter do not apply inside these embassies save for the law of the embassy’s home country itself. However, if Assange should step out of the Ecuadorian Embassy’s premises, he can easily be arrested, regardless of whether the Ecuador Embassy has granted him asylum or not.

On the contrary, general international law does not recognize a right of diplomatic asylum. It is only seen that penetrating the embassies is a violation of treaty. A search inside the premises of an embassy is a violation. UK authorities state that once Assange is arrested, the Ecuadorian Embassy, even if they have granted asylum to Assange, may be obliged to surrender him.

Source: Guardian

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