Gavin Edmondson Solicitors is taking its case against Haven Insurance for settling claims early with clients who had already signed conditional fee agreements to the Court of Appeal.
The firm, which was told back in August by the High Court that there was nothing preventing any direct settlement between clients and insurers provided that the insurer acted with explicit consent and for the administration of justice, is looking to the Court of Appeal to uphold its claim that Haven Insurance acted unlawfully in its actions.
It says that the High Court’s verdict that claimants need to show proof of collusion between clients and insurers set a “more or less impossible standard”.
The Law Society Gazette has reported that Haven Insurance is said to have acted unlawfully when it made a direct offer of compensation to six of Gavin Edmondson’s clients in 2012 and that it the insurer is supposed to have been approaching clients since 2009.
The Gazette says that the insurer used client information lodged within the Portal to offer them settlements of between £1,900 and £2,350. Gavin Edmondson also alleges that Haven’s staff were incentivised to make clients settle directly and that there was no explicit consent from clients.
The case is expected to be heard at the Court if Appeal early next year.