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Consultation papers

Consultation Papers

Find out about recent developmentsin civil litigation and current consultations that may affect the Insurance industry
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Personal Injury
We defend the whole range of injury claims including claims from industrial accidents, faulty products and road traffic accidents.

Property & Construction
We handle cases of major property damage, engineering and equipment failure, contract disputes, professional negligence, business interruption and loss of goods.

Insurance
Insurance coverage disputes and policy wording.

Prosecutions
Representation of insured drivers against prosecution for RTA offences including at police interviews, coroner's inquests, hearings and trials.

Health & Safety
We provide emergency response and accident investigation and representation at prosecutions and inquests as well as health and safety auditing services.

Fraud
Suspect motor claims, fire claims (including arson) and commercial fraud, such as bogus transactions and carousel frauds.

Ministry of Justice Consultations

Previously, the Department for Constitutional Affairs (‘DCA’) published consultations but the responsibilities of the DCA have now transferred to the new Ministry of Justice. The DCA website has been retained for archive and information purposes only and may not contain the most up to date information. The Ministry of Justice website address is www.justice.gov.uk and the most up to date information on past and current consultations is on the wesite under ‘publications’ then ‘consultations’. The results of closed consultations, if published, are available through the ‘closed consultations’ links.

Current Consultations


Pleural Plaques

A consultation on the government response to the House of Lords decision in Johnston v NEI International Combustion Ltd, that the existence of pleural plaques does not constitute actionable or compensatable damage.

Closed on:

Recently Closed Consultations


Costs in Pro Bono Assisted cases

This paper seeks views on proposals to implement clause 185 of the Legal Services Bill [HL]. The clause has been designed to enable costs to be awarded in cases where legal representation has been provided free of charge and the change will remove the anomaly that currently exists in costs law, whereby an unsuccessful party may benefit from the court’s inability to award costs to the successful party who is assisted pro bono owing to the operation of the indemnity principle. It seeks to ensure a more level playing field, with both parties potentially liable for costs.
Closed on: 9th July 2007
Responses published on 30 November 2007

Case Track Limits and the claims process for personal injury claims

The first part of this paper reviews and makes proposals on the case management track limits for civil claims found in Part 26.6 of the Civil Procedure Rules. The second part considers how the claims process for personal injury cases could be streamlined to become more efficient and cost effective.
Closed on: 13th July 2007
Responses published on 21 July 2008

The Law on Damages

This paper sets out for consultation various issues relating to the law on damages contained in a series of reports published by the Law Commission: Claims for Wrongful Death; Liability for Psychiatric Illness; Damages for Personal Injury: Medical, Nursing and Other Expenses; Collateral Benefits; and Aggravated, Exemplary and Restitutionary Damages.
Closed on: 27th July 2007
Response awaited

Consultation on Claims Management Regulation - Fee Levels for 2008/09

This consultation seeks views on proposals for claims management regulation fee levels for 2008/09. The consultation is aimed at those authorised to provide regulated claims management services under the Compensation Act 2006.
Closed on: 24th October 2007
Responses published on 14 December 2007

Data Sharing Review Consultation

A consultation on the use and sharing of personal information in the public and private sectors as part of their independent Data Sharing Review.
Closed on: Closed on 15 Feb 08
Responses published 11 July 08


Greenwoods respond to all consultation papers that are relevant to its areas of practice and which may affect the insurance industry. We will publish our intention to respond in our publications where we will also summarise our responses. If you would like to obtain a copy of a Greenwoods response or to discuss any of the consultations please e-mail Marise Gellert at msg@greenwoods-solicitors.com or call her on 020 746 23421.