AVIVA in data security breach

Thousands of customers insured with AVIVA have been contacted by claims management companies enouraging them to commence personal injury claims after a data security breach.

Two employees of AVIVA have been arrested on suspicion of fraud pending a full police investigation although the insurer has said that financial and medical details of their customers have not been stolen.

AVIVA are writing to its policyholders to apologise for the security breach, however despite apologising was quick to blame personal injury lawyers and claims management companies being "keen to acquire accident victims' details and calling for stricter regulation of these firms".

AVIVA should be reminded that there are strict regulations in the manner in which firms of solicitors can market their services and therefore it is incorrect to refer to personal injury lawyers and claims management companies as one sector.

 

Fixed Rate Divorce Website Launch

JMP Solicitors has taken the innovative step of creating a dedicated website providing information on their fixed rate divorce packages.

The service is headed up by specialist divorce lawyer, Neil Remnant who provides a UK wide service from the JMP Solicitors offices in Grantham, Warrington and London and provides a fixed rate divorce service from just £350 plus VAT and court fees.

The website has today been launched at www.fixedratedivorce.co.uk

 

DPA's come into play

New plea bargaining measures called deferred prosecution agreements (or DPAs) may be used to combat corporate economic crime from today.

Damian Green, the justice minister, said: “[DPAs] will give prosecutors a much–needed new tool to hold wrong–doers to account, secure compensation for victims and enforce organisational reform to prevent future criminal behaviour."

(source: The Daily Telegraph - Business)

Commercial Landlords win legal battle over unpaid rent

Game, the computer game retailer, will have to pay £3m to a collection of Britain’s landlords after it lost a landmark legal case about unpaid rent.

 

The ruling by the Court of Appeal closes a legal loophole that meant companies could avoid paying rent for three months if administrators were appointed shortly after the quarterly rent day.

 

The case came to court after a consortium of property companies including Hammerson, British Land and Land Securities claimed they missed out on millions of pounds in rent when Game called in administrators in March 2012.

 

(source: Financial Times)

 

The ruling means that companies no longer have a rent free period by calling in administrators and using the legal loophole to their advantage.  

Surgeon faces death probe

Sudip Sarker, a consultant general surgeon at Worcester Royal Hospital and the Alexandra Hospital, Redditch, is being investigated after being found to have double the death rate of other doctors.

 

A coroner was due to hold a joint inquest in the deaths of three of his patients, however, the inquest has now been adjourned pending the investigation by West Mercia Police.

 

JMP Solicitors may be able to help you with a claim for medical negligence if you have a relative who sadly died during or following surgery with Sudip Sarker at Worcester Royal Hospital or Alexandra Hospital Redditch.

 

Contact JMP Solicitors medical negligence specialist, Christine Bowerman on 01476 565 295 or via email on cbowerman@jmp-solicitors.com

Norfolk wind turbine approval quashed

A decision to build a wind turbine "in unspoilt landscape" in Norfolk has been overturned by the High Court.

 

The 284ft turbine in Bodham was rejected by North Norfolk DC in August 2012, after it received 1,400 objections.

 

However, it was subsequently approved by the planning inspector on appeal last April.

 

Judge Robin Purchas, QC, ruled the planning inspector had not complied with part of the Planning Act which required him to have special regard to the desirability of preserving the settings of listed buildings.

(source: Daily Telegraph)

Divorcing couples to fast-track agreements over finances

Sir James Munby, President of the Family Division of the High Court, is to publish draft rules that will make it possible for divorcing couples to fast-track agreements over finances by arbitration and then have them confirmed by the courts.

In a letter to family lawyers outlining reforms that will create a new single family court in April, he says he "wants to move forward" in arbitration and other ways of resolving family disputes.

Sir James says that, pending general rule changes in disputes, he plans to issue a draft rule drawing on a judgment in the S v S case, involving a couple who split in 2012 after 26 years together. They reached the decree nisi stage of divorce and agreed to refer their financial settlement to arbitration. Their assets were between £1.5 and £2m.

James Pirrie, who acted in the case, and is a member of the national committee of Resolution, the association of family lawyers, commented: "Anyone involved in family law should welcome this judgment, which highlights the many advantages of arbitration and builds confidence that an arbitrator's award will help in resolving a dispute.

In this case, the matter was resolved within eight weeks from the signing of the agreement to arbitrate to the issue of the award, anonymity has been retained, and the costs to both parties are a fraction of what they might have otherwise been.

(source: The Times)

Changes in the law expected for prenuptial agreements

 

In this country, unlike America, prenuptial agreements have not held any authority in law. This is despite a legal ruling in the Supreme Court in 2010 that Judges may take them into account at their discretion when considering financial applications with Divorce Proceedings.

However proposals which are expected to attract cross party political support are to be published later this month alongside a draft bill which will, if approved, enshrine prenuptial agreements in Law.

For the first time engaged couples will be allowed to ring fence certain items that they will keep should their forth coming marriage end in divorce. If this proposal is made into law then the prenuptial agreement will become an important document, almost an insurance against divorce!

It is important to note that it is not always just the mans wealth that needs protecting but the woman’s too.

If you would like advice on prenuptial agreements please contact Neil Remnant at JMP Solicitors on 01476 561415 or via email on nremnant@jmp-solicitors.com

Justice minister defends mesothelioma review

Justice minister Shailesh Vara has this week defended the Government’s decision to implement the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 for mesothelioma claims.

When the LASPO Act was passed by Parliament, a clause included in the Act said that the changes to success fees and ATE insurance would not apply to mesothelioma claims until a review had been carried out and a report published.

Speaking during a debate this week in Westminster, Mr Vara said that, “the Government carried out the section 48 review as part of the consultation on reforming mesothelioma cases, which concluded on 2 October 2013.”

The minister added that the Government understands, “mesothelioma victims face an appalling and fatal disease with which they and their families have to come to terms, while also having to engage with the claims process. Without in any way seeking to minimise the distress this entails, however, there are many other serious personal injury and fatal claims, to which the LASPO reforms already apply, that produce difficult challenges for victims and families.”

Earlier during the debate, Conservative MP Tracey Crouch joined with Labour MPs saying that a review has not been carried out, with shadow justice minister Andy Slaughter urging the minister to conduct another consultation.

(source: apil.org.uk)

JMP Solicitors Grantham Office is an accredited office with the Association of Personal Injury Lawyers