Peers debating civil litigation reform have called for a crackdown on the so-called ‘third-party capture’ practice of insurers approaching claimants directly.

Four members of the House of Lords tabled amendments on the subject last week during the second reading of the Legal Aid, Sentencing and Punishment of Offenders Bill.

Lords Thomas of Gresford, Clement-Jones, Carlile of Berriew and Phillips of Sudbury proposed a new ban on insurers offering to settle a case when they learn the claimant is legally represented.

They also want to require insurers to obtain adequate medical evidence of personal injuries and disclose it to the claimant, as well as to inform clients they can still seek legal advice.

The Association of Personal Injury Lawyers told the Gazette it was encouraged to see the Lords expressing concerns about third-party capture.

A spokesman said: ‘It is a practice crying out for robust regulation to protect injured people. We hope these amendments will achieve that aim, but we are keen to discuss this further with the peers involved.’

Bill Willcocks, managing partner at Bristol firm Kirby Sheppard, said there would still be unresolved questions even if the amendments became government policy.

‘The fact is that insurers are getting to victims even before they have instructed solicitors,’ he said. ‘A ban on approaching claimants when they know solicitors are instructed seems to me to be unlikely to have any effect.’

The bill will be debated at committee stage before the break for Christmas.