PART 3

Courts and tribunals

Civil proceedings relating to personal injury

Rules against inducements to make personal injury claims
58
1
A regulated person is in breach of this section if—
a
the regulated person offers another person a benefit or is treated as doing so under subsection (4),
b
the offer of the benefit is an inducement to make a claim in civil proceedings for—
i
damages for personal injury or death, or
ii
damages arising out of circumstances involving personal injury or death, and
c
the benefit is not related to the provision of legal services in connection with the claim.
2
An offer of a benefit to another person is an inducement to make a claim if the offer of the benefit—
a
is intended to encourage the person to make a claim or to seek advice from a regulated person with a view to making a claim, or
b
is likely to have the effect of encouraging the person to do so.
3
An offer of a benefit may be an inducement to make a claim regardless of—
a
when or by what means the offer is made,
b
whether the receipt of the benefit pursuant to the offer is subject to conditions,
c
when the benefit may be received pursuant to the offer, or
d
whether the benefit may be received by the person to whom the offer is made or by a third party.
4
If a person other than a regulated person offers a benefit in accordance with arrangements made by or on behalf of a regulated person—
a
the regulated person is to be treated as offering the benefit, and
b
the offer of the benefit is to be treated as satisfying subsection (2)(a) if the arrangements were intended to encourage people to make claims or seek advice from a regulated person with a view to making a claim.
5
The Lord Chancellor may by regulations make provision as to the circumstances in which a benefit is related to the provision of legal services in connection with a claim, including provision about benefits relating to—
a
fees to be charged in respect of the legal services,
b
expenses which are or would be necessarily incurred in connection with the claim, or
c
insurance to cover legal costs and expenses in connection with the claim.
S. 58 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 48