Welcome to Box Legal's Newsletter!
Spring is here, and with it comes an array of legal updates and industry events! This month has been particularly eventful, from significant developments in the car finance redress scheme to ground-breaking case law that could shape future litigation. At Box Legal, we’ve also been busy attending key industry conferences and celebrating International Women’s Day.
In this edition, we’ll bring you the latest legal insights, share highlights from our recent events, and take a closer look at our ATE Insurance policies.
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What's happening in the legal world?
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FCA Prepares to Launch a Motor Finance Compensation Scheme
The Financial Conduct Authority has announced plans to introduce a redress scheme for motor finance mis-selling claims. The FCA stated:
“A redress scheme would be simpler for consumers than bringing a complaint. We would expect fewer consumers to rely on a claims management company, meaning they would keep all of any compensation they receive. It would also be more orderly and efficient for firms than a complaint-led approach, contributing to a well-functioning market in the future.”
Under the proposed scheme, motor finance firms will be responsible for identifying affected customers and offering appropriate compensation, with the FCA setting out the framework and compliance checks.
What are the key points from the announcement?
- The scheme may exclude legal representation, potentially impacting firms handling these claims.
- Consumers will be encouraged to claim directly, keeping 100% of their compensation.
- Motor finance firms will determine payouts based on FCA-mandated rules.
- The Financial Ombudsman Service is set to introduce a £250 case fee for claims firms submitting more than 10 cases per year.
Court Of Appeal upholds retrospective CFA in Singh Case
The Court of Appeal has ruled that a conditional fee agreement (CFA) can be applied retrospectively, even if this isn’t explicitly stated in the contract.
In Singh & Ors v Ingram, Lord Justice Coulson upheld previous decisions that a CFA signed in 2015 covered legal work dating back to 2012. The ruling reinforces the importance of clear CFA drafting and offers guidance to solicitors handling retrospective cost agreements.
Andrew Warnock KC and Gurion Taussig, of Deka Chambers, who represented the successful respondents, said the court had found no basis for criticising Boyes Turner.
They added: ‘The decision will be of relevance to all solicitors considering inclusion of retrospectivity within CFA’s and highlights the need for careful drafting of such contracts to ward off challenges to costs upon detailed assessment.’
Son Wins £700K Will Dispute After Video Evidence Emerges
A dramatic court case has led to a son successfully challenging his mother’s £700,000 will after video footage showed his sister physically forcing their dying mother to sign the document.
Judge Jane Evans-Gordon ruled the will invalid, stating that Margaret Baverstock, who suffered from advanced dementia, “had no idea what was going on” at the time of signing. This case shows the importance of ensuring wills are signed under clear and independent circumstances to prevent undue influence.
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Celebrating International Women's Day
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Linsey and Abbie attended the Women in the Law UK Conference for International Women’s Day. The event featured inspiring discussions on leadership, inclusion, and gender equity within the legal profession.
This year’s theme, Accelerate Action, calls on all of us to challenge bias, break down barriers, and champion gender equality. At Box Legal, we are proud to celebrate the talented women in our team who make a difference every day!
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March- Event Highlights
AvMA 35th Annual Clinical Negligence Conference
Our Director Kirsten and Head of Legal Linsey, attended the 35th Annual Clinical Negligence Conference in sunny Bournemouth. It was a fantastic opportunity to connect with fellow professionals, and we’d like to thank everyone who visited our stand. If you’d like to learn more about our Clinical Negligence policies, download our brochure here.
Housing Disrepair Conference
At Box Legal, we recognise housing disrepair as a critical issue. We work closely with panel firms and industry experts to support clients effectively. This year, we attended the Housing Disrepair Conference, gaining valuable insights into the latest sector developments. If you’d like to learn more about our Housing Disrepair ATE insurance, arrange a call with us today!
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After the Event… We’ve Got You Covered.
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