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3 November 2013 / legal-blog
A blog article by Jonathan White
At last someone has noticed a corner of the personal injury playing field which is truly uneven. Those that follow regulations relating to the personal injury sector will be aware that claims management companies were banned from incentivising claimants from bringing claims following rules introduced in April 2013.
I’ve no problem with that and have never been a fan of incentives that offer injured people instant cash payments, foreign holidays or Xboxes. The change, recommended by Lord Young, does not apply to lawyers and insurers who can, within certain limitations, do pretty much what they like. To be fair to the Solicitors Regulation Authority (SRA), they have issued guidance on the subject – so everyone is now clear that if the iPad given to the injured person breaks, you might have to think about giving them another one – or perhaps not.
Tucked away in paragraph 29 of the Ministry of Justice’s response on "Reducing the number and costs of whiplash claims" is a commitment to consider the issue [of incentives] with the SRA. This is not before time and whatever your views on the subject of incentives are, it can’t be right that one group of businesses is prohibited from using incentives on policy grounds and another group operating in the same market isn’t.
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