(1)
In this Act “claims management services” means advice or other services in relation to the making of a claim.
(2)
In subsection (1) “other services” includes—
(a)financial services or assistance,
(b)legal representation,
(c)referring or introducing one person to another, and
(d)making inquiries,
but giving, or preparing to give, evidence (whether or not expert evidence) is not, by itself, a claims management service.
(3)
In this section “claim” means a claim for compensation, restitution, repayment or any other remedy or relief in respect of loss or damage or in respect of an obligation, whether the claim is made or could be made—
(a)by way of legal proceedings,
(b)in accordance with a scheme of regulation (whether voluntary or compulsory), or
(c)in pursuance of a voluntary undertaking.
(4)The Treasury may by order provide that a claim for a specified benefit is to be treated as a claim for the purposes of this section.
(5)The Treasury may specify a benefit under subsection (4) only if it appears to the Treasury to be a social security benefit, payable under the law of any part of the United Kingdom, designed to provide compensation for industrial injury.
Cases considering section 419A (4)
[2023] UKSC 28 · 26 July 2023Defines
The current definition of claims management services was materially the same as the earlier definition. Its incorporation into section 58AA preserved the broad meaning which the expression had under the 2006 Act. (see paras [23]-[24]; [28]; [87])
Claims management services meant advice or other services in relation to making a claim. The parties accepted that this did not materially differ from the earlier definition. (see paras [23]; [33]-[34])
Financial services or assistance were included within other services relating to making a claim. The provision maintained the inclusion of litigation finance. (see paras [23]; [31]-[34]; [87])
[2019] EWHC 2651 (TCC) · 10 October 2019
Claims management services include advice or other services concerning a claim, including financial assistance, legal representation, introductions and inquiries. Pythagoras’s financing, investigation and recovery work fell within that definition (see paras [96]-[102]).
[2021] EWCA Civ 299 · 5 March 2021Interprets
The court noted the later definition of “claims management services” in section 419A, which was substantively similar to the 2006 definition. It therefore focused on the original 2006 provision. (see para [12])
What each judgment says about section 419A is in the case-law panel in the full Act.