Once future act claims are registered, there appears to be little
incentive for the claimants to seek to progress their claim — indeed there is considerable risk that the claim will not be successful and the claimants will lose the procedural rights conferred by registration of the claim.
The DWP says this is necessary in order to ensure there is a financial
incentive for claimants to still trace the relevant insurer where possible, so that claims will only be brought against the fund once all other avenues have been exhausted.
This means that awards in the UK are much lower and therefore quite simply there is less to play for and less financial
incentive for claimants, and more importantly their lawyers and costs funders.
It adds that there is no financial
incentive for claimants to ensure costs are reasonable, and referral fees increase costs without adding value.
It is particularly important that the experience of the self - employed claimant is tested sufficiently robustly to find out whether universal credit can indeed act as a work
incentive for claimants choosing that route.
The lack of any financial
incentive for claimants in ensuring costs in bringing a claim are reasonable.
Not exact matches
Their ongoing welfare series includes reports on rights and responsibilities in the welfare system, personalising employment support, improving conditionality, improving
incentives for Jobcentre Plus and how to treat in - work
claimants subject to conditionality under universal credit.
By building a more detailed profile of
claimants» underlying problems, using information available to other government departments, segmentation tools developed in the private sector and testing new
incentives and flexibilities
for Jobcentre Plus staff, we can begin to develop a more effective approach.
Universal Credit attracted widespread support because it was originally designed to simplify the benefit system and improve work
incentives, with a new cadre of frontline jobcentre work coaches assisting more
claimants to prepare
for and seek work.
The
incentive for defendants to accept
claimant's reasonable CPR Pt 36 offers is too weak.
There was previously some debate in the case law relating to the proposition that an offer, particularly a Part 36
claimant's offer, must contain some element of concession or
incentive so as to encourage settlement in order
for the same to qualify as a Part 36 offer.
As recent cases such as Watkinson (ET 1702168 / 2008 and 1702079 / 2009) have demonstrated, there is ample
incentive for unfair dismissal
claimants to allege that the reason
for dismissal was,
for example, the fact that protected disclosures had been made, because the statutory cap on compensation does not apply in such cases.
Lawyers really are the best advocates
for their
claimant clients especially when they are operating in a fair, sensible, responsible system — a system that contains no
incentives to drag matters out and run up costs.
Lawyers really are the best advocates
for their
claimant clients especially when they are able to operate in a fair, sensible, responsible system — a system that contains no
incentives to drag matters out and run up costs.
There is little
incentive for counsel to take the time
for such interviews and, when they do, confidentiality concerns mean that questions about specific
claimants can not be answered.
For one, litigation finance companies, as purchasers of the securities, could rely on the antifraud provisions to redress misrepresentations made by claimants seeking financing, and the potential for this liability should help combat claimants» incentive to exaggerate the merits of their clai
For one, litigation finance companies, as purchasers of the securities, could rely on the antifraud provisions to redress misrepresentations made by
claimants seeking financing, and the potential
for this liability should help combat claimants» incentive to exaggerate the merits of their clai
for this liability should help combat
claimants»
incentive to exaggerate the merits of their claims.
Although the reason
for this holding makes good and under - appreciated sense from a retributivist perspective — a person ought not be punished
for conduct that has not been clearly proven to be the defendant's culpable misconduct, es - pecially if the defendant has various defenses that could be raised as against particular
claimants — the new holding poses a substantial risk of reducing
incentives to plaintiffs and their counsel because they can not pursue a jackpot of punitive damages based on «total harm.»