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Personal Injury Reform Manchester – 23 March 2017 Leeds – 30 March 2017

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Page 1: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Personal Injury Reform

Manchester – 23 March 2017 Leeds – 30 March 2017

Page 2: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Personal Injury Reform - What next?

Agenda 8:30am Arrival and breakfast 9:00am Welcome and introduction 9:10am Key areas 10:00am Questions 10:30am Close

Page 3: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Personal Injury Reform

- What next?

What are the reforms?

Overall impact of reforms on

the market

What does this mean for

personal injury firms in the

future?

Impact on law firm financial

forecasting and strategic planning

Choices available –

buying, selling, trade out or business as

usual

Consideration in the market and impact on M&A

values

Page 4: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

What are the reforms?

Andy Poole Legal Sector Partner, Armstrong Watson

Page 5: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Reforms to date

Increase in level of claims to process in

the portal

Reduction of recoverable costs in the

portal

Banning of referral fees

Lack of recoverability

of success fees

Damages based

agreements

Increased court costs

Delays in proceedings

Page 6: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Proposed reforms

Removing or reducing

compensation for RTA soft tissue

injury claims

Raising the small claims limit for all personal injury

claims to £5,000

Legal costs no longer

recoverable from defendants

Banning pre medical offers to

settle RTA soft tissue injury

claims

Extension of fixed recoverable costs regime to clinical

negligence

Page 7: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Page 8: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Impact

↓ Number of claims

↓ Costs per case

↑ Disbursements

↑ Volume of law firm mergers

↓ Number of instructions to lawyers

↓ Cash flow

↑ Need for efficiency

↓ Volume of law firm mergers

Page 9: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

What does this mean for PI firms of the future

Zoe Holland, Founder & Managing Director

Page 10: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Everything Changes

Page 11: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Risk Rating The Proposals

GREEN = Low Risk

Ban on pre-medical offers

It’s what Claimants want anyway!

Page 12: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Risk Rating The Proposals

AMBER = Medium Risk

Reduce compensation for 6 or 9-24 months duration,

RTA related, soft tissue injuries by way of introduction of a set tariff for compensation.

Risk comes from what levels the tariffs are set at!

Page 13: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Risk Rating The Proposals

RED = High Risk

Raising small claims limit to £5,000

Removing damages for RTA soft tissue injury in cases of 0-6 or 9 month duration, or limiting to notional

£400 bracket

Firms have to RE-THINK!

Page 14: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Market Impact

Number of claims – 85% £5k and below Costs Realised per Case Cash Flow Number of P.I. Firms in the Market

Page 15: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Market Impact

Number of P.I. Lawyers out of Work Firms going into Run Off CMCs? Carrying out Low Value Work Volume of Law Firm Mergers

Page 16: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Ground Zero Impact

Strategic Decision – Leave or Remain?

Need for Efficiency and Re-Model Use of Technology/Artificial Intelligence Investment to Adapt Different Workforce

Page 17: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Impact on law firm financial forecasting and strategic planning

Andy Poole Legal Sector Partner, Armstrong Watson

Page 18: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Page 19: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Page 20: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Page 21: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Page 22: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Action list 1. Grasp the situation 2. Invest in making the right decision 3. Analysis 4. Forecast with sensitivity adjustments and

detailed WIP movements 5. Review options 6. Update forecasts for options 7. Speak with your bank 8. Make a decision

Page 23: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Choices Available

Zoe Holland, Founder & Managing Director

Page 24: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Choices Available

Page 25: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Choices Available

Strategy

“A plan of action designed to achieve a long-term or overall aim.”

Honesty

Frank, open and ‘considered’ discussions

Page 26: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Choices Available

Choice

Buy Sell

Run Off BAU

• When? • How? • How Much?

• When? • How? • To Whom?

• Plan • Who and how?

• Strategy? • Financial Planning • Investment

Page 27: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Buy

• Not for the “Faint Hearted” • Requires Experience – Sets the Expectation • Requires Expertise – To Deliver Expectation • DO YOUR DUE DILIGENCE • “Doing the Deal” –Only Half Way There • Part of a Strategic Plan / Fit • WIP Deals or Trading Entities • Get Early Support of Bank & PII • Role of Funders

Page 28: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Sell

• Are you Realistic in your Expectations?

• Are you Prepared for Close Scrutiny?

• Do you have the Right Advisers?

• Do you have the Right Buyer?

• When do you say “No”?

Page 29: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

BAU

• Financial/Strategic Planning

• Investment (IT) – Efficiency and Control

• Scale

• Market Share

Page 30: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Run Off

• Careful Planning

• Maintain Staff Motivation

• Financial Planning/Forecasting

• Clean MI

• Wind Down Costs – Run Off Cover / Delaps

Page 31: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to
Page 32: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Consideration in the market and the impact on M&A values

Andy Poole Legal Sector Partner, Armstrong Watson

Page 33: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Volume of transactions and who is in the market right now

Page 34: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Exit options

WIP Sale • Payment up front • Payment as cases settle • Mix

Business sale • Capital / current accounts • Goodwill? • Earn out?

Page 35: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Considerations • Who to sell to • Location important? • Pre LASPO WIP/success fees • Split of success fees • Disbursements • Values • Split of WIP • Agency basis? • Insolvency? • SRA • Successor practice status • Bank agreement • Taxation

Page 36: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Action list 1. Grasp the situation 2. Invest in making the right decision 3. Analysis 4. Forecast with sensitivity adjustments and

detailed WIP movements 5. Review options 6. Update forecasts for options 7. Speak with your bank 8. Make a decision

Page 37: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

What questions do you have?

Page 38: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Personal Injury Reform - What next?

What are the reforms?

Overall impact of reforms on

the market

What does this mean for

personal injury firms in the

future?

Impact on law firm financial

forecasting and strategic planning

Choices available –

buying, selling, trade out or business as

usual

Consideration in the market and impact on M&A

values

Page 39: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

The Law Society has exclusively endorsed Armstrong Watson for the provision of accountancy services to law firms in the North of England

Page 40: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Disclaimer This presentation and supporting documentation has been prepared in general terms and therefore cannot be relied upon to cover specific situations; application of the principles set out will depend upon the particular circumstances involved and we recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this presentation and/or supporting documentation. Armstrong Watson and ZebraLC would be pleased to advise on how to apply the principles set out here to your specific circumstances. Neither Armstrong Watson or ZebraLC accept a duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of this presentation and supporting documentation.

Page 41: Personal Injury Reform - Armstrong Watson€¦ · personal injury claims to £5,000 Legal costs no longer recoverable from defendants Banning pre ... ↓ Number of instructions to

Andy Poole Legal Sector Partner Armstrong Watson Third Floor, 10 South Parade, Leeds LS1 5QS T: 0113 221 1300 M: 07828 857830 Twitter: @AW_AndyPoole E: [email protected] www.armstrongwatson.co.uk/legalsector

Zoe Holland Managing Director ZebraLC

The Old Coach House, 15 West Grove, Sale, Cheshire M33 3AS T: 0161 635 0213 M: 07917 841560 Twitter: @zebralc E: [email protected] www.zebralc.co.uk