Personal Injury Solicitors | Medical Negligence Claims

Civil Liability Act 2018 – An update

Civil Liability Act 2018 – An update

Scrivenger Seabrook Solicitors’ Director and Head of Personal Injury Claims Marc Folgate looks at the Civil Liability Act 2018 and what this means for Claimants in future.

“There are essentially two main strands to this piece of legislation which remains vague and incomplete, as does the implementation date of some of the provisions of the Act. However, at this point in time it appears to be the Government’s intention to implement some of the provisions later this year and others in April 2020”.

The first issue, he advises, relates to what are known as “discount rates”. He explains further:

“If an injured Claimant seeks compensation for future losses these are calculated by reference to Government Actuarial Department records which gather information about statistics such as life expectancy and employment prospects. These statistics are then calculated by reference to “return” or “discount” rates. In other words, what return on a lump sum can a Claimant envisage. The aim is that a lump sum is then sufficient to enable future needs to be met”.

The Government is undergoing a consultation process which is likely to reach a conclusion with a determination by the Lord Chancellor in August 2019. It is thought likely that the present “discount rate” of -0.75% will be replaced with a rate more preferential to insurers of somewhere between 0 and 1%.

The second main thread relates to whiplash claims and the ongoing attempt by the insurance industry and the present Government to discourage claims. It is likely that the small claims limit will be increased to £5,000 such that legal costs are not recoverable. Marc explains:

“It is the equivalent of a huge policy excess. In one fell swoop the Government aims to scotch the majority of whiplash claims which are of relatively low value. Claimants are likely to have to be able to submit their own claims under a Claims Portal for litigants in person or risk losing much of their compensation if they choose to be represented. The aim is clear. How many Claimants will be able or willing to do so? This is a win, win for insurers and a blow to Claimants”.

Here is a link for further reading: https://services.parliament.uk/Bills/2017-19/civilliability.html

“Proven experts particularly in high value compensation cases and severe injury claims”

YOUR TEAM OF EXPERT CLAIM SOLICITORS

  • Vicki Seabrook
    Vicki Seabrook
    Solicitor
  • Marc Folgate
    Marc Folgate
    Solicitor
  • Sarah Newcombe
    Sarah Newcombe
    Solicitor

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Scrivenger Seabrook Ltd is authorised and regulated by the Solicitors Regulation Authority SRA No.548727. The Solicitors' Code of Conduct 2011 applies to us.
Vicki Seabrook
Solicitor

Vicki-Seabrook-SSlaw

Vicki was admitted as a solicitor in 1979. She was a legal adviser to the Royal College of Nursing and gained experience as a clinical negligence lawyer with a number of firms before founding Scrivenger Seabrook in 1989 and becoming Managing Director when the firm was incorporated in 2010. Vicki and her dedicated legal team are involved in a wide variety of clinical negligence claims. She specialises in dealing with high value complex cases and has been widely acknowledged by the Legal 500 and Chambers directory as a leader in her field. Vicki recently succeeded in securing a settlement for a child with severe brain damage worth in excess of £8 million.

‘The UK needs expert niche firms like this’, say clients of Scrivenger Seabrook Limited, which ‘goes the extra mile’. The ‘tenacious, realistic and sensitive’ Vicki Seabrook, who is ‘in a class of her own’, secured damages exceeding £1m in a case involving a GP’s maladministration of drugs.”

A quote from The Legal 500
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‘The Independent Clients Guide to the best Law firms’

Marc Folgate
Solicitor

Marc-Folgate-SSlaw

Marc joined the practice in 2001 having specialised in personal injury litigation at firms in Northamptonshire and Peterborough. He has been involved in a £2.1 million assessment of damages case in the High Court and has taken a disputed liability case to the Court of Appeal. He now undertakes mainly personal injury litigation for Claimants and also some clinical negligence work. He has a particular specialism in higher value claims such as those involving brain or spinal injury.
Marc is a member of the Law Society’s Personal Injury Panel and has regularly featured on BBC local radio discussions about compensation and liability topics as well as making an appearance on Look East.

“Scrivenger Seabrook Limited ‘consistently punches above its weight, and has a high level of client care’. The ‘particularly adept’ Marc Folgate has ‘insight, intelligence and an impressive client base, and is comfortable running high-pressure and high-value cases – defendants have to think twice before taking him on’. Among many highlights, the team settled a £550,000 catastrophic claim involving regional pain syndrome.”

A quote from The Legal 500
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‘The Independent Clients Guide to the best Law firms’

Sarah Newcombe
Solicitor

Sarah-Newcombe-SSlaw

Sarah is a highly experienced clinical negligence lawyer. She worked as a staff nurse for a number of years before studying law and it was natural for her to enter the field of clinical negligence litigation on being admitted as a solicitor in 1991. Sarah trained and worked with a large firm of solicitors in London before joining Scrivenger Seabrook in 1998. Sarah works exclusively in the field of clinical negligence. Her knowledge of medicine is considerable and she has the added advantage as a lawyer of having practical experience of NHS and private hospital practice.
Sarah deals with a very wide range of clinical negligence claims including Fatal Accidents Act claims, cosmetic surgery, dental claims, orthopaedic surgery and high value claims involving children with birth asphyxia.

“At Scrivenger Seabrook Limited, Sarah Newcombe is ‘always professional, honest, patient and supportive’. Highlights included a £450,000 settlement for negligent foot surgery.”

A quote from The Legal 500
www.legal500.com/sslaw
‘The Independent Clients Guide to the best Law firms’