NIHL Fixed Fees – CJC Call for Claimant Data

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APIL and ZebraLCTM on behalf of the Civil Justice Council (CJC) Claimant Working Group have been requested to complete a data collection process from law firms and costs businesses with specialist experience in Noise Induced Hearing Loss (NIHL) claims. Your help in this data collection exercise is a critical part in the structuring of future of costs in NIHL. Our role is to act as independent collators of the data and to assist in the validation of the data collected.

The deadline for firms to provide all case data is Friday 10th June 2016.

Any firms/costs businesses offering to participate in the exercise must obtain the data survey details from Ryan McCreadie, ZebraLC ryanmc@zebralc.co.uk

The Purpose

The CJC Claimant Working Group strongly urges your involvement so that a representative data sample from the Claimant sector is gathered. This is critical to the procedure of benchmarking the cost of noise induced hearing loss processes. Setting costs too low would leave the solicitor unable to carry out the work necessary to ensure that the claimant obtains the level of damages that they deserve.

Costs must be reflective of the work required

It is imperative that any proposed fixed costs system allows solicitors to carry out the work required at each stage of the process. The noise induced hearing loss claims process is often complex and involves many stages. Costs must be set at a level which enables there to be a proper investigation of the claim, for evidence to be gathered and for an accurate assessment of the injury suffered.

Eligibility Criteria

The CJC Working Group are looking for firms that currently manage a minimum critical mass of 400/500 cases.

Sampling method

• No NIHL portal cases are required.
• A sample per firm of between 50 to 100 NIHL non portal cases (with a minimum of 50 cases per firm).
• Firms with more than 1000 cases may provide an additional 50 to 100 cases per 1000.
• ALL sample cases must have reached issue stage.
• Half of the sample to include cases that have reached settlement in the last 12 months and that reached issue stage.
• Half of the sample to include live cases that have reached issue stage.
• The sample is to include a selection of cases that have proceeded against or been successful against multiple Defendants.

How we will collate the data?

Firms will be requested to complete a data survey of each individual case.  You will access the survey via the button below.  Every survey is the same for each case a firm submits and thus enables the firm to input case data on an on-going basis.  Some firms may wish to submit case data over a period of weeks rather than entering all the data at the same time.

Any technical queries about the data survey must be addressed to Ryan McCreadie, ZebraLC ryanmcreadie@zebralc.co.uk.

Confidentiality

We appreciate that firm’s will be providing commercially sensitive data.  Should the firm require an NDA, ZebraLC will provide an electronic NDA form to sign before data is collated.

All firm data collated will be anonymised before being presented to the CJC.

Validation of data

Time to review/validate the data has been factored in to the data collection process being carried out by ZebraLC and APIL. This will ensure that the data provided to the CJC is of a robust quality.  As such, following completion of the data collation exercise, APIL or ZebraLC may contact you to confirm data source and/or data veracity.

Time required for firms to collate data

It is recognised that the nature of the data collection will be time consuming. The deadline for providing data is Friday 10th June 2016.  Given the nature of the data collation survey, firms can provide case data on a case-by-case basis. For example, you may wish to upload the individual case data by carrying out 10 data surveys forms per week.

Confidential contacts
 
Zoe Holland
Managing Director, ZebraLC & Member of the CJC Working Group
zoeholland@zebralc.co.uk
 
 
Helen Blundell
Legal Services Manager
helen.blundell@apil.org.uk

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