Bristol 10k – ARAG get in the community spirit to support charity

As part of our Corporate Responsibility Programme this year ARAG pledge to raise money for the Ronald McDonald house in Bristol. They are an independent charity, which provides free of charge home from home accommodation, to the families of critically ill children, receiving care at the Bristol Royal Hospital for Children. To kick start our fundraising for this year’s charity we have entered a team for the Bristol 10k which takes place on Sunday 31 May.


As an avid runner and entering my 7^th year of running this event I am aiming to improve on last year’s  finishing time of 59 minutes. Having visited the house earlier this year I realise how fortunate I am to have two healthy boys and my experience of meeting one of the residential parents will spur me on to train hard, support my fellow runners and achieve my goal. 

I am really looking forward to organising this charity run in partnership with Ronald McDonald. Running brings together a diverse cross-section of people, from those who want to shed a few pounds before going on holiday to those who take part socially to make new friends.
At ARAG the one thing we have in common is raising funds to refurbish a bedroom or provide play equipment for the garden at Ronald McDonald House.
Please help us raise funds and visit : http://uk.virginmoneygiving.com/team/ARAG10K
To inspire our readers I always consider this ‘When you stop making excuses you will start to find the results’.

Glynis Moss
Marketing Executive

Civil Justice Statistics Quarterly October to December 2014 (excluding family cases)

We've had a quick peek at the MoJ's latest quarterly civil justice statistics. The document runs to over 30 pages so we've just picked out some interesting bits to share with you (yes really!  If you're not keen on a lot of figures just read the next two paragraphs) .

Headline figures reveal

• an upward trend in the volume of civil proceedings being issued,
• the dominance of money claims and
• an increase in the proportion of parties being legally represented.

The costs incurred in bringing and defending claims is not considered however all of these headlines support the need for legal expenses which will become even more acute when proposed increases to court fees go live.

Civil cases are those that do not involve family matters or failure to pay council tax. These cases are mainly dealt with by county courts and typically relate to debt, the repossession of property, personal injury, the return of goods and insolvency. Particularly important, complex or substantial cases are instead dealt with in the High court.

In October to December 2014,

·   379,000 civil claims were made (1% higher than same quarter last year),

·   96,000 judgements were made (15% higher respectively than same quarter last year).

·   46,142 defences were made

Claim types

In the most recent quarter, 82% of all claims were money claims, compared with 77% in the same quarter in 2013. There were 69,327 non-money claims.

Claim values

Of defended claims
·      almost half (17,170) were allocated to the small claim track (<£10,000 in dispute)
·      39% (13,774) were allocated to the fast track (>£10,00< £25,000)
·      12% (4,414) were allocated to the multi track, (>£25,000)

 In 2014

·       In 2014 as a whole there were 829,000 judgements (up 25% on 2013). The increase is due to the combination of an increase in claims and a decrease in claims being defended, leading to more default judgements occurring.

·       Both the claimant and defendant had legal representation in 71% of defences (compared to 65% in 2013).

·       This is driven by defences of specified money claims, which account for 55% of all defences and in almost all such defences (97%), both sides were legally represented.

·       Neither the respondent nor the claimant had representation in 14% of defences,

·       In 2014 the number of non-money claims was 312,623.

http://bit.ly/1DPr8Td

ARAG moves into criminal prosecution defence

ARAG is offering an innovative Family Prosecution Defence policy to protect individuals accused of criminal offences. The new policy guarantees the right and freedom to have a defence in court.

The cost of obtaining justice can be extremely high, even for those who are completely innocent. Family Prosecution Defence provides first class lawyers, protecting innocent family members of someone who is accused of committing a crime against serious financial consequences– such as the need to re-mortgage or sell the family car to fund a proper defence.

Plugging the defence funding gap caused by a combination of  savage cuts to  Legal Aid, changes to the rules on recovering costs at crown court trial and cover limitations that generally apply to existing Family legal protection products; the new policy extends  to areas such as allegations of dishonesty, violence, uninsured driving and alcohol or drug-related offences. All family members including those studying for further education away from home are covered.

 The burden of proof in a criminal trial lies with the prosecutor who is required beyond all reasonable doubt to prove that the accused is guilty of the charge. We’re here to ensure a quality defence is available so there is no miscarriage of justice.

Where an error of judgement has been made and an individual has been drawn into committing a crime, just as for those who are wrongly accused, individuals still have a legal right to a defence. They have the opportunity to apologise to the court and those affected by their actions. Under these circumstances, when a guilty plea is entered, the court can be lenient when passing sentence, if the judge is convinced of the defendant's remorse.

Family Prosecution Defence will typically be available to boost Family Legal Protection policies for High Net Worth individuals or for company directors and partners as an extension to commercial products, but the new policy is also suited to affinity groups.

 What is covered?

The new policy covers the majority of criminal acts but Class A and Class J offences (homicide, serious sexual offences, offences against children), corruption, money laundering, parking) or repeat offences are excluded. Most importantly, assistance can be sought before an arrest or notice of prosecution is received.

In addition to criminal matters cover is available to provide representation for individuals facing a regulatory investigation or disciplinary action by a professional body. Confidential telephone counselling and legal advice is also provided as well as access to an online consumer legal service website, for legal advice and documentation.

Policyholders are urged to add the 24/7 helpline number to their mobile contact list to ensure immediate representation is available for police interviews.

The number of lawyers prepared to take on legal aid cases has reduced as the rate they are paid makes it unattractive to work in that area, and the courts have realised a huge surge in the number of litigants representing themselves. Our FPD policyholders don't have to worry about that because they have access to the best people to help them and ARAG will be footing the bill.

David Haynes
Head of Underwriting and Marketing

British business urged to avoid employment problems in 2015

ARAG UK are forecasting another tough year for employers as complex new legislation kicks in. For 2015 a major stumbling block is likely to be shared parental leave and other new parenting rights which were created by the Children and Families Act 2014 and come into effect for births from 5^th April this year.

 The legislation will allow either parent to take responsibility for their child's care by co-ordinating up to 50 weeks' shared leave-taking between employers if necessary. Mothers must still take 2 weeks compulsory maternity leave after the birth and fathers are still entitled to two weeks' paternity leave. After that leave can be shared in single or multiple blocks of leave but employers will be able to refuse discontinuous leave patterns subject to entering into a two week discussion period. There are a number of notices to be completed which must be provided at least 8 weeks before the proposed Shared Parental Leave (SPL).

All leave must be taken during the first year of the child's life.  There will be 20 additional 'keep-in-touch' days to be shared between the parents.

 I know that experienced professionals are sometimes wilting under the pressure of accurately interpreting new rules, but ARAG are here to help get it right. Policyholders can get advice directly from qualified legal advisors and are insured against legal defence costs if disputes arise.

All ARAG commercial legal protection policies include online and telephone assistance backed up by comprehensive legal defence if an employment dispute arises. In addition, for those customers who want additional peace of mind, the Employment Practices Protection policy focuses on complete cover without the requirement for claims to satisfy “reasonable prospects of success” test following a health check of the policyholder's employment practices and procedures.

 In summary

·         SPL allows an eligible mother or primary adopter to share up to 50 weeks of leave and 37 weeks of statutory shared parental pay (SSPP) with their co-parent.

·         There are a number of eligibility tests that need to be satisfied.

 In addition

• Employees can return to work during SPL for up to 20 SPLIT (Shared Parental Leave in Touch) days.
• Existing terms and conditions continue to apply save in respect of remuneration. 
• Employees are entitled to return to work to the same role or a similar role, depending on the amount of leave taken.
• Employees are protected from detriment and dismissal in connection with exercising their rights to take SPL.

David Haynes
Head of Underwriting and Marketing

Children's Hospice Southwest Santas on the run