By Anita Rice


The Ministry of Justice (MoJ) was told this week that it should impose stricter advertising rules on claims management companies (CMCs) to ensure consumers do not mistake them for solicitors' firms.



The call from Martin Bare, president of the Association of Personal Injury Lawyers (APIL), follows claims that some CMCs might be breaching regulations in certain circumstances by advertising under solicitor sections within business directories - including the BT Phonebook.



'Injury victims don't tend to be two-time consumers; it means victims don't know whether they are going to a qualified, accredited solicitor or a claims farmer. Consumers have an absolute right to know who they are going to,' Mr Bare said.



Kevin Rousell, head of the MoJ's claims management regulation unit, said: 'If a firm is deliberately trying to misrepresent itself, it is clearly a breach of our rules.' However, he underlined that simply appearing in solicitor sections does not constitute a breach in itself.



Mr Rousell said this issue may be discussed at the next meeting of the regulation stakeholders group, which includes APIL, the Advertising Standards Authority and Which?.



Advertisements for National Accident Helpline, a marketing company that passes claims to subscriber solicitors, appear in solicitor sections.



Legal director John Campbell said it is no different from organisations like APIL which also represent solicitors, but added: 'We will have a look at the position but it is not something that has been raised previously. I shall have a word with the regulator but I am surprised no one has raised it before.'



Referral firm the Legal Advice Bureau could not comment in detail but said it would take advice from the MoJ. The Accident Advice Helpline declined to comment. There is no suggestion that any of these three companies are in breach of the regulations.



A BT spokesman said advertisers are responsible for ensuring they are appropriately listed.