Like many others, we welcome the news that a cold calling company recently received it’s comeuppance as highlighted by this article in the Daily Mail. We hope this does lead to many others taking the same kind of action because the cold calling business gives a very bad name to genuine personal injury law firms and is clearly making some companies a lot of money.
One perhaps interesting point to note from the Daily Mail article is the claim for £10.00 a minute made by the claimant. We think this is entirely legitimate, but it is important to be aware that this is not some kind of “going rate”. It appears that the claim was settled and it’s worth being aware that, under English law, whilst a county court judge would be highly likely to be sympathetic to a claim such as this, especially with proof, English law generally does require a claimant to prove loss and damages for inconvenience or such like are certainly not the norm, so it is also possible that if a number of further claims like this are made in the courts, even though the cold calling company may be unable to contest liability, they may well test the quantum, or value, of the claim, so as to seek to put off anyone not making a claim against them purely for reasons of principle.
It’s also important to remember that any court claim, including a small claim, costs money to start, and a cold calling company could be out of business by the time you get them to a hearing, so this is also worth considering as well.