Claims: claims management companies

Allpropertyclaims Ltd v Pang; ITC Compliance Ltd (Part 20 Defendant) [2015] EWHC 2198 (QB) was an attempt by the client of a claims management company to withdraw from his payment obligations to the company after a settlement had been negotiated on his behalf. Although the client succeeded, he did so on the technical ground that his copy of the signed agreement had accidentally been taken away from his house by the agent of the company so that he had not been given a copy of his cancellation rights.

The wider significance of the decision is that it confirms that, provided the terms are drafted clearly and presented in an obvious fashion, there is no objection to a claims management company either: (a) insisting that it is to be paid for its claims management services if it is not permitted to carry out repair works; or (b) taking an assignment of the assured’s rights against the insurers.