FAQ - Court Matters
Is it appropriate to withdraw from acting in a court matter where a motion to adjourn has been refused and I am not fully prepared to proceed?
The Inner House have been critical of a solicitor who withdrew in these circumstances G & Anor v Scanlon [1998] ScotCS 59 (6 November 1998) and it would therefore be unwise to withdraw and obtain an adjournment ” by the back door” when you have been unsuccessful with your motion, however unprepared you are to go on with the hearing. To do so would leave you vulnerable to a complaint from the bench.
What is Third Party Capture?
Third-party capture (or third party assistance) is when an insurer deals directly with a person who has a potential claim against their policyholder, in order to investigate and settle the claim. Typically, an insurer offers a compensation payment to settle the claim directly to a third party, rather than settling through a legal representative for that party. Such offers can be substantially lower than the full value of the claim.
This is mainly used for third-party motor claims. But sometimes it’s used in other types of insurance, such as employers’ liability.
Concerns have been raised by industry bodies and consumer groups that this practice could mean third parties do not receive fair and reasonable treatment and compensation.
In December the Law Societies of England & Wales, Scotland and Northern Ireland wrote to the Financial Services Authority expressing the unanimous view that a voluntary code will not be sufficient to adequately protect the public.
The Financial Services Authority replied stating that they were comfortable with the actions which they were taking in relation to the potential customer risks identified and in particular that the Association of British Insurers (ABI) had advised that it intends to publish a code of practice for insurers handling third party claims.
The Society’s Civil Justice Committee is interested in gathering actual examples of Third Party capture in order that it might consider whether further representations to the FSA are required.
If you are able to provide any real evidence of Third Party Capture please contact Fiona Robb on fjrobb@lawscot.org.uk who will pass the information to the Committee
