Legal Blog: Sat in the garden

Those who are interested in the world of insurance law may be aware that I have decided to move firms; I am due to join Manchester-based firm Horwich Farrelly as chief executive in July 09. Yes, your maths is correct, that works out as 6 months away and I am indeed now on gardening leave - if only I did not have two children at school, I could head off with my wife for an adventure of a lifetime, instead I will have to be satisfied with the fact I don't need to use up holiday to sort out half term!

On a serious note, finding myself with some more time on my hands has given me a golden opportunity to focus on the challenges for FOIL in the year ahead, and if there’s one thing that I will say about being president of a lobbying organisation, it is that it certainly does involve a lot of meetings! So what is currently on our agenda I hear you ask?

Fraud - This, aside from ‘credit crunch’, appears to be the word on everybody’s lips at the moment. The FOIL executive recently met with Stephen Wilmott, head of fraud for the Solicitors Regulatory Authority to discuss how we could work together on this issue. What took us by surprise was the fact that the likes of "cash for crash" appears to be the tip of the iceberg. What was clear from the meeting was that the SRA have their work cut out especially when it comes to money laundering. Albeit Stephen's vision and his desire to work with the likes of IFB could herald a new era for legal regulation and we have agreed to meet again in the spring by which time he will have had the chance to begin implementing his new strategy.

ADR/Mediation - FOIL recently held a conference on mediation posing the question “Why is Mediation not working in personal injury?” The conference was chaired by the Master of the Rolls Sir Anthony Clarke who, to my delight, announced that "...anyone who refuses mediation must be mad...” I can’t wait to quote him to a District Judge - I wonder if the comment amounts to a binding precedent or is it just obiter? I had the pleasure of being on the top table and worryingly found myself taking issue with the one and only Sir Henry Brooke (former VP of the Court of Appeal and mediator extraordinaire) when he told the audience that in his view the main problem was the advent of telephone hearings. At which point I couldn't resist the temptation to say that if anything this was one of very few successes from the Wolf reforms! The general feeling was that there is a lack of understanding or experience of mediation; those who have tried it like it but lawyers, being a conservative bunch, take time to change!

Jackson Review - For those who aren’t aware of the Jackson review, this is looking into the whole Civil Costs system. Four of us from FOIL recently met Lord Justice Jackson for what turned out to me a lengthy meeting. He certainly has some radical ideas in terms of costs shifting but, worryingly, is also looking at some well worn paths, such as the small claims limit. Haven't we heard that one before? The Ministry of Justice (MOJ) process review perhaps? If my maths is right there are currently four or more reviews going on in relation to costs alone:

• Jackson Review - civil costs over all

“If there’s one thing that I will say about being president of a lobbying organisation, it is that it certainly does involve a lot of meetings!

• MOJ claims process review – re fixed fees in RTA

• MOJ Professor Nickel review - re guideline hourly rates

• Law Society review - conditional fee agreements (CFAs)

The problem is none of them seem to be talking to each other! Politics I hear you cry - I am saying nothing.

Internally within the organisation we have had more joy in the transfer window than Man City with some key hires to strengthen the executive including Claire McKinney (as director for change) and Shirley Denyer (as director of information). I can’t tell you how much easier they have made my life - even on garden leave!

Anthony Hughes is president of Forum of Insurance Lawyers (FOIL).