Nicholas Bacon QC
Claims Management
Advised Claims Direct both before after it became a PLC as to regulatory requirements and the legality of business model. Advised as to the procurement of business including as to breach of referral fee codes of practice. Represented Claims Direct in High Court and Court of Appeal on legitimacy of the retainers it had with solicitors. Claims Direct Test Cases [2003] EWCA Civ 136, Claims Direct Test Cases [2003] Lloyd’s Law Reports 677
Advised and represented The Accident Group – a claims management company specialising in procurement of personal injury cases. Assisted in the drafting of model agreements for use by panel firms. Represented TAG in successful appeal to the Court of Appeal on enforceability of its retainers with its panel members. Advised TAG over the recovery of ATE insurance premiums payable by customers of TAG and of the recovery of interest under support consumer credit loans taken out by customers of TAG. Accident Group Test Cases [2003] 1 All ER 353
Advised Accident Advice Helpline as to legitimacy of terms of conditional fee arrangements between panel and the CMC. Represented AAH in the recovery of AAH costs and ATE premiums taken out pursuant to the AAH scheme. Advised as to the issue of incorporating an “association” and the timing of the issuing of the AAH policy in CFA ATE cases.
Advised Lawyers for You as to whether panel members obligations to contribute towards advertising expenses amounted to an unlawful referral fee. Advised as to whether a policy of insurance which provides for a deferred payment of the insurance premium could be considered to be a Consumer Credit Agreement.
Advised various CMC’s on establishing consumer retainers and fee agreements in respect of endowment and Bank fees on overdraft and other consumer driven bank charges. Advised as to regulatory requirements of contracts incepted at home (off business premises) whether by personal attendance or via telephone. Advised firms of solicitors (often as panel firms to the CMC) as to applicability of consumer protection legislation to not only their own business models but of their clients too including obligations akin to those arising under the Conduct of Authorised Person Rules 2007 and the distance selling regulations.
Advised CMC as to ABS (alternative business structures).
Member of the Civil Procedure Rules Committee. Currently working closely with the MOJ on substantial reforms to the legal sector including as to the introduction of contingency fee arrangements / no cure no pay agreements / referral fee ban under reforms proposed by Lord Justice Jackson / litigation funding generally.