Scotland EL/PL - DAC Beachcroft
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Scotland EL/PL

Despite the recent changes to jurisdictional limits following on from the Court Reform (Scotland) Act 2014 there is growing evidence that casualty claims frequency and litigation has been unaffected. The perceived benefits of pushing higher value claims into the Court of Session, has been offset by the creation of a marketplace where a pursuer can forum shop, looking for the most benign environment to raise proceedings.

The All-Scotland Personal Injury Court has been embraced by the organised pursuers firms, exploiting costs advantages and the inevitable pro-pursuer approach from the bench to their advantage. Costs for defenders have increased particularly for low value claims above £5000, the exact opposite of what the procedure was intended to offer.

Add to this growing rehabilitation costs as a claim component, both for physiotherapy and for CBT plus a greater number of claims for chronic pain, often from relatively minor trauma' and increasing fatal awards, all makes for a difficult environment for EL and PL insurers.

And the likely relaxation of methods of funding allowing sharp practices banished from England and Wales to flourish in Scotland will only lead to greater casualty fraud and cost, if not tackled head on.

What we do

Our experienced teams are supported by processes and systems which are designed to drive the claims to the right conclusion.

We operate a triage system to ensure that each claim is allocated to the most suitable handler in terms of experience and capacity.

We provide prompt investigations, robust and fair claims handling and clear advice to ensure we remain in control of claims until their conclusion.

Our claims handlers and solicitors are fully supervised and should a matter become litigated there will be a seamless transition to our specialist partner led litigation teams.

We have the correct balance of experience and youth to ensure cases are handled at the right level depending upon value and complexity.

We have dedicated teams covering the following key areas for you:

  • Casualty Injury: covering both volume and high value / complex and catastrophic injury claims.
  • Casualty - Regulatory: a specialist Scottish and national team of criminal lawyers providing 24 hour / 7 days a week representation of insured facing HSE/SEPA enquiries and criminal charges.
  • Casualty Fraud: our CVT team works closely with our specialist Intelligence team to analyse cases and quickly identify fraudulent behaviour at the earliest possible juncture.
  • Claims Handling: we have experience of successfully implementing and handling a variety of different pre-litigation claims outsources, from long term strategic arrangements where we handle both first party and third party claims and run an imprest account, to periodic overflows or tactical outsources where we help our clients manage spikes in claims volumes by taking over conduct of the third party claim, or a discreet part of it.

We offer innovative and pragmatic solutions to liability claim disputes. Our systemised work flows allows us to handle large volumes of claims swiftly and accurately at cost effective rates. We invest time in developing our systems and people to ensure that a high quality service is always provided to our clients.

We pride ourselves on dealing with clients in a business like manner, ensuring that financial and commercial practices are adopted and commercial solutions sought at all times.

Expertise

Key Contacts