CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE"

Transcription

1 CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE By Chris Rafferty & Colin Richmond INTRODUCTION The reforms of the RTA Portal Scheme have been relatively few to date, but are nevertheless worthy of careful note, given that such alterations profoundly affect the framework of the scheme itself. The boundaries of the Portal are stretched both horizontally, through the introduction of EL and PL claims, and vertically in respect of the upper value limit of the Protocol. RTA REFORMS The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents ( the Protocol ) has been amended in several key areas, not yet three years after its inception. Claim Value The framework of the Portal is altered to capture a greater swathe of RTA claims. In order to achieve the upper value limit for claims entering the Portal is extended from the previous 10,000 limit to a new limit of 25,000. This will have the effect of regulating a much greater number of RTA claims, increasing the scope of the Portal to include those claimants who have suffered more severe injuries. Such injuries are likely to be, towards the upper limit, permanent. As such the complexity of claims falling within the scope of the Protocol is likely to increase, necessitating an increase in the amount of work required by more experienced handlers. The Protocol applies where a claim for damages arises from a road traffic accident occurring on or after 30th April 2010 para 4.1(1). 1

2 Preamble The Court has always, under the Civil Procedure Rules, been able to impose costs sanctions arising from non-compliance with any Protocol. However a new warning is inserted into the preamble of the Protocol at para 2.1 (emphasis added): This Protocol describes the behaviour the court expects of the parties prior to the start of proceedings where a claimant claims damages valued at no more than the Protocol upper limit as a result of a personal injury sustained by that person in a road traffic accident. The Civil Procedure Rules 1998 enable the court to impose costs sanctions where it is not followed. The same warning exists in relation to EL and PL claims. Such an express warning is perhaps an indicator that, as expected, costs sanctions are likely to be used more frequently and robustly in relation to Protocol breaches in light of the reforms. Document Exchange Communications between parties is more strictly regulated within the confines of the Portal. All documents which the Portal requires one party to share with another must be sent via the Portal itself para 5.1. All documentation to be exchanged between parties but which isn t specifically required by the Portal must be exchanged via para 5.1. This might include for example statements relating to hire charges. This applies equally to EL and PL claims. Fixed Costs (Stage 1) Previously the time at which Stage 1 fixed costs were to be paid was within 10 days of receiving the liability response. The proposed amendments to the Protocol will require such 2

3 fixed costs to be paid within 10 days of receipt of the Stage 2 settlement pack para This applies to EL and PL claims also. It would seem that the above amendment is designed to allay concerns, predominantly from insurers, about the practice of pocketing fixed costs from claims brought for that sole purpose, irrespective of the merits of such claims. In any event, such an amendment should encourage parties to move swiftly onto Stage 2. Medical Records and Photographs (Stage 2) The amended Protocol requires further steps to be taken in relation to disclosure of material relevant to a claimant s injuries. Whilst it is not expected that medical records will be necessary or appropriate in the majority of claims with a value less than 10,000 (para 7.5), a claimant will now nevertheless be required to disclose any medical records that the medical expert deems relevant to the injuries para 7.4(2). In addition, any relevant photographs of the claimant s injuries must be disclosed para 7.6. These provisions are also contained within the Protocol for EL and PL claims. Further Medical Reports (Stage 2) In relation to the commissioning of subsequent medical reports, the previous Protocol indicated that: A subsequent medical report may be necessary (1) where the first medical report recommends that further time is required before a prognosis of the claimant's injuries can be determined; or (2) where the claimant is receiving continuing treatment 3

4 The wording of this paragraph has been slightly changed in the Protocol, requiring a further report to be justified para 7.8. In addition to the two circumstances in which a further report may be necessary under the previous Protocol (above), the Protocol proposes a third justification :...where the claimant has not recovered as expected in the original prognosis para 7.8(3). Non-Medical Expert Reports (Stage 2) The Protocol attempts to tighten up on the use of further experts reports by stating that they won t be necessary in the majority of claims, and that they should only be commissioned where they would be reasonably required to value the claim para 7.9(1). Witness Statements (Stage 2) As with non-medical expert reports, witness statements are similarly not expected to be required in the majority of claims, however they may be provided where reasonably required to value the claim para Effect of the Reforms Whilst a number of areas are covered as above, there remains no provision for certain aspects of a claim. Notably the Protocol is silent as to a defendant questioning experts. Similarly no provision is made for defendants obtaining their own medical evidence. COSTS The fixed recoverable costs under the previous Portal were fixed at 1,200 for all claims up to 10,000 in value. The reformed Portal scheme limits RTA costs in two ways: 4

5 1. For claims valued up to 10,000, fixed recoverable costs are to be reduced to For claims valued up to 25,000, fixed recoverable costs are to be reduced to 800. Further, as indicated above the Portal is to extend to EL and PL claims. Fixed recoverable costs for all such claims are set at 900. A number of questions arise. Claims valued at 25,000 are likely to relate to serious injuries, often degenerative or permanent, requiring a significant amount of medical and expert input and rising in complexity. Is it reasonable to expect such claims to be dealt with at a cost of 800? Similarly, is it reasonable for claims worth 10,000, also potentially severe and complex, to be dealt with at a cost of 500? EL/PL REFORMS The Pre-Action Protocol for Low Value Personal Injury Claims (Employer s Liability and Public Liability Claims).is introduced which applies to most employers liability and public liability claims up to the value of 25,000. Scope The Protocol applies where either the claim arises from an accident occurring on or after 31 July 2013 or, in a disease claim, no letter of claim has been sent to the defendant before 31 July The Protocol does not apply to a number of claims, notably: where the claimant or defendant acts as personal representative of a deceased person 5

6 where the claimant or defendant is a protected party as defined in rule 21.1(2) in the case of a public liability claim, where the defendant is an individual ( individual does not include a defendant who is sued in their business capacity or in their capacity as an office holder) where the claimant is bankrupt; where the defendant is insolvent and there is no identifiable insurer in the case of a disease claim, where there is more than one employer defendant for personal injury arising from an accident or alleged breach of duty occurring outside England and Wales; for damages in relation to harm, abuse or neglect of or by children or vulnerable adults which includes a claim for clinical negligence for mesothelioma Some of these situations will be fairly rare, however the Protocol does make clear that claims such as mesothelioma claims, clinical negligence claims and disease claims where there is more than one defendant will not be caught by the new rules Completion of the Claim Notification Form The CNF must be sent to the Defendant s insurer, and the Defendant-Only CNF must be sent to the Defendant. The onus is on the claimant to make a reasonable attempt to identify the relevant insurer where its identity not known para 6.1(3). 6

7 Failure to complete CNF If the defendant pulls the claim out of the process due to the claimant providing inadequate information, the court will only award the claimant fixed costs (as if the claim had remained within the process) if it is held that the defendant was correct to do so para 6.8. Response The defendant must send to the claimant an electronic acknowledgment the next day after receipt of the CNF. The defendant must then send to the claimant an electronic acknowledgment the next day after receipt of the CNF and send the CNF to the insurer at the same time and advise the claimant that they have done so. The insurer must send to the claimant an electronic acknowledgment the next day after its receipt, and the claimant must then submit the CNF to the insurer via the Portal as soon as possible and, in any event, within 30 days of the day upon which the claimant first sent it to the defendant. The defendant must complete the Response section of the CNF ( the CNF response ) and send it to the claimant in the case of an employers liability claim, within 30 days of the step taken pursuant to paragraph 6.1; and in the case of a public liability claim, within 40 days of the step taken pursuant to paragraph 6.1. Loss of earnings In an employers liability claim, the defendant must, within 20 days of the date of admission of liability, provide earnings details to verify the claimant s loss of earnings, if any para

8 Interim payment Where the claimant requests an interim payment of 1,000, the defendant should make an interim payment to the claimant within 10 days of receiving the Interim Settlement Pack (provided by the claimant) para Where the claimant has requested an interim payment of more than 1,000 the defendant must pay either the full amount requested less any deductible amount which is payable to the CRU, the amount of 1,000 or some other amount of more than 1,000 but less than the amount requested by the claimant within 15 days of receiving the Interim Settlement Pack para Submitting the Stage 2 Settlement Pack The Stage 2 Settlement Pack must comprise (para 7.30): the Stage 2 Settlement Pack Form a medical report or reports evidence of pecuniary losses evidence of disbursements (for example the cost of any medical report) any non-medical expert report any medical records/photographs served with medical reports any witness statements. The claimant should send the Stage 2 Settlement Pack to the defendant within 15 days of the claimant approving the final medical report and agreeing to rely on the prognosis in that report, or any non-medical expert report, whichever is later para

9 Consideration of claim There is a total period of 35 days for the defendant to consider the Stage 2 settlement pack para Where an offer is made five days or less from the end of the consideration period, there is a further five days after the end of the consideration for consideration of that offer para Costs Profit costs payable under the Protocol for claims valued at 1,000-10,000 will be 900 in total ( 300 at Stage 1 and 600 at Stage 2). Profit costs payable under the Protocol for claims valued at 10,001-25,000 will be 1,600 in total ( 300 at Stage 1 and 1,300 at Stage 2). DRAFT TIMETABLE DATE EFFECT AREA March Release of draft technical specifications for A2A RTA only Beginning of April Beginning of May Beginning of May Release of final technical specifications for A2A Release of draft technical specifications for A2A New claims portal website to go live RTA only EL/PL only RTA and EL/PL End of May New training site for web users RTA and EL/PL End of May A2A integration site available RTA only 9

10 Beginning of July Release of final technical specifications for A2A and A2A integration site available with support EL/PL only End of July Claims portal web interface launched RTA and EL/PL End of July Claims portal A2A interface launched RTA only End of September New A2A interface introduced EL/PL only 10

suffered more severe injuries. Such injuries are likely to be, towards the upper limit, permanent.

suffered more severe injuries. Such injuries are likely to be, towards the upper limit, permanent. CHANGES AND EXTENSION TO THE PORTAL PROPOSED OR OTHERWISE Chris Rafferty INTRODUCTION The proposed reforms of the RTA Portal Scheme have been few and far between to date, but are nevertheless worthy of

More information

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013

Preamble HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL 05/04/2013 HIGHLIGHTS AND LOWLIGHTS OF THE EL/PL PORTAL PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Colin Richmond 11/04/2013 www.zenithchambers.co.uk

More information

BC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction

BC Legal Update. Extending the RTA Portal to Disease claims. May 2013. 1. Introduction Extending the RTA Portal to Disease claims May 2013 1. Introduction In July 2013 the existing RTA PI protocol will be extended to EL and PL claims. In addition, the value of claims captured by the protocol

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY (EMPLOYERS LIABILITY AND PUBLIC LIABILITY) CLAIMS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

Pre action protocol for low value personal injury claims in road traffic accidents

Pre action protocol for low value personal injury claims in road traffic accidents http://websvr/textimagecreator (Text image creator to change heading) Pre action protocol for low value personal injury claims in road traffic accidents Contents SECTION I - INTRODUCTION Definitions Paragraph

More information

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS

PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS Contents SECTION I - INTRODUCTION Definitions Paragraph 1.1 Preamble Paragraph 2.1 Aims Paragraph 3.1 Scope Paragraph

More information

Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000

Claims Post Jackson Some Additional Information. Andrew Mckie, Barrister Clerksroom - May 2013. Telephone 07739 964012/ 0845 083 3000 1 Claims Post Jackson Some Additional Information Andrew Mckie, Barrister Clerksroom - May 2013 Telephone 07739 964012/ 0845 083 3000 Email: andrewmckie@btinternet.com/ mckie@clerksroom.com The EL and

More information

The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows

The new Practice Directions and amendments to the existing Practice Directions, and the new Pre-Action Protocols come into force as follows 65 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Directions and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the

More information

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents

Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents PROTOCOLS I INTRODUCTION Definitions 1.1 In this Protocol (1) claim means a claim, prior to the start of proceedings,

More information

QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities

QBE European Operations. Portal extension. Guidance document June 2013. Ministry of Justice extension to the claims protocols Maximising Opportunities QBE European Operations Portal extension Guidance document June 2013 Ministry of Justice extension to the claims protocols Maximising Opportunities Portal extension Guidance document June 2013 Ministry

More information

MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012

MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS. By Andrew Mckie (Barrister at Law) Clerksroom March 2012 MOJ STAGE DEFAULTS AND PREPARATION FOR STAGE 3 HEARINGS Introduction By Andrew Mckie (Barrister at Law) Clerksroom March 2012 Telephone 0845 083 3000 or go to www.clerksroom.com The protocol for Low Value

More information

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims

Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims Information sheet Pre-Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) Claims You have received this information sheet as it is likely that your claim will proceed

More information

The new Pre-Action Protocol for fast track Employers Liability and Public Liability Personal Injury Claims

The new Pre-Action Protocol for fast track Employers Liability and Public Liability Personal Injury Claims The new Pre-Action Protocol for fast track Employers Liability and Public Liability Personal Injury Claims Introduction This guide provides an at a glance review of the new Pre-Action Protocol for Low

More information

Whiplash reform programme: Consultation on independence in medical reporting and expert accreditation

Whiplash reform programme: Consultation on independence in medical reporting and expert accreditation Consultation on independence in medical reporting and expert accreditation This consultation begins on Thursday 4 September 2014 This consultation ends on Wednesday 1 October 2014 Consultation on independence

More information

CLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013

CLAIMSadvisor. Employers & Public Liability Claims Jackson Reforms update. Background. Key changes post 1 April 2013 CLAIMSadvisor RISK PRACTICE JULY 2013 Employers & Public Liability Claims Jackson Reforms update We recently provided an overview of the Jackson Reforms and the key changes in relation to Employers Liability

More information

tions Weightmans Low Value Personal Injury Claims in Road Traffic Accidents

tions Weightmans Low Value Personal Injury Claims in Road Traffic Accidents Frequ quentl tly asked questio tions Low Value Personal Injury Claims in Road Traffic Accidents Stage 1 General Q1. When will the Rules be drafted and ready? A1. The Civil Procedure Rule Committee approved

More information

LASPO. Why has. come about brief history of reforms

LASPO. Why has. come about brief history of reforms Contents Foreword 2 3 Foreword: Why has LASPO come about 4 Changes to funding and implications 6 Changes in practice 7 Track limits 8 The RTA and EL/PL Protocols 11 Referral fees 12 Contact information

More information

Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports

Frequently asked. questions. Low Value Personal Injury Claims in Road Traffic Accidents. Stage 2. Medical Reports Frequently asked questions Low Value Personal Injury Claims in Road Traffic Accidents Stage 2 Medical Reports Q35. Can insurers question the medical report? A35. The defendant/insurer cannot question the

More information

MOJ Portal The Key to Success

MOJ Portal The Key to Success MOJ Portal The Key to Success Challenges Practicalities Opportunities The new MOJ reforms and extended EL/PL and RTA Portals (and fixed fees) have been implemented to a chorus of outrage and dismay by

More information

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013 T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN FEBRUARY 2013 2013 JACKSON REFORM UPDATE From the beginning of April this year, Employers Liability (EL), Public Liability (PL) and Motor Injury Claims

More information

Cymru update. Leon Lloyd Hugh James. 6 November 2013

Cymru update. Leon Lloyd Hugh James. 6 November 2013 Community Housing Cymru update Leon Lloyd Hugh James 6 November 2013 New EL/PL claims procedure From 1 August 2013 Fast track claims EL/PL claims between 10k and 25k issued pre-1 April 2013 handled outside

More information

Pre-Action Protocol for Disease and Illness Claims

Pre-Action Protocol for Disease and Illness Claims Pre-Action Protocol for Disease and Illness Claims PROTOCOLS Contents 1 Introduction 2 Notes of guidance 2A ALTERNATIVE DISPUTE RESOLUTION 3 The aims of the protocol 4 The protocol 5 Communication 6 Letter

More information

PRE-ACTION PROTOCOL. Re: Road Traffic Accidents and Personal Injury Claims. 1.1. The aims of the pre-action protocols are:

PRE-ACTION PROTOCOL. Re: Road Traffic Accidents and Personal Injury Claims. 1.1. The aims of the pre-action protocols are: 1 PRE-ACTION PROTOCOL Re: Road Traffic Accidents and Personal Injury Claims 1. GENERAL 1.1. The aims of the pre-action protocols are: (a) (b) (c) to foster more pre-action contact between the parties,

More information

Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012

Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012 Key aspects of the Jackson review and related reforms - progress update as at 3 rd September 2012 In brief Lord Justice Jackson s key task was to address disproportionate costs in civil litigation i.e.

More information

Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance

Client Bulletin. June 2013 Ministry of Justice Reforms update and practical guidance Client Bulletin June 2013 Ministry of Justice Reforms update and practical guidance This bulletin provides an update to our previous bulletin about the proposed Ministry of Justice Reforms and follows

More information

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers

ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers ASSOCIATION OF PERSONAL INJURY LAWYERS Standard of competence for Portal Claims Handlers INTRODUCTION Standards of occupational competence Standards of occupational competence are widely used in many fields

More information

Pre-Action Protocol for Disease and Illness Claims

Pre-Action Protocol for Disease and Illness Claims Pre-Action Protocol for Disease and Illness Claims 1 INTRODUCTION 1.1 Lord Woolf in his final Access to Justice Report of July 1996 recommended the development of protocols: To build on and increase the

More information

A response by the Association of Personal Injury Lawyers May 2014

A response by the Association of Personal Injury Lawyers May 2014 Scottish Civil Justice Council Information gathering exercise on pre-action protocols A response by the Association of Personal Injury Lawyers May 2014 Page 1 of 8 The Association of Personal Injury Lawyers

More information

highways express Helping you manage your Highways claims Introduction

highways express Helping you manage your Highways claims Introduction highways express Helping you manage your Highways claims Introduction Highway authorities are facing increasing pressure to provide high quality highway services while maintaining tight control of costs

More information

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Pre-action Conduct of Litigation

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. Pre-action Conduct of Litigation Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles 1.1 Introduction 1.1.1 Overview of civil litigation process 1.2 Introduction to the civil courts 1.2.1

More information

Yes No No Preference. To help provide context, we can share our experiences in other jurisdictions which have moved to more advanced models.

Yes No No Preference. To help provide context, we can share our experiences in other jurisdictions which have moved to more advanced models. ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

Amendments to existing Pre-Action Protocols are approved by the Master of the Rolls as Head of Civil Justice.

Amendments to existing Pre-Action Protocols are approved by the Master of the Rolls as Head of Civil Justice. 75 th UPDATE PRACTICE DIRECTION AMENDMENTS The new Practice Direction and the amendments to the existing Practice Directions supplementing the Civil Procedure Rules 1998 are made by the Master of the Rolls

More information

INFORMATION GATHERING EXERCISE QUESTIONNAIRE

INFORMATION GATHERING EXERCISE QUESTIONNAIRE ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

Proposed Extension of the RTA scheme to include employers and public liability claims up to 25,000: AJAG response

Proposed Extension of the RTA scheme to include employers and public liability claims up to 25,000: AJAG response Proposed Extension of the RTA scheme to include employers and public liability claims up to 25,000: AJAG response By way of preamble, AJAG is concerned about the overall consultation process. Whist we

More information

RTA Web User Release 3 Notes. Project Name: Release 3

RTA Web User Release 3 Notes. Project Name: Release 3 RTA Web User Release 3 Notes Project Name: Release 3 Version No. 1.0 Issue Release Date 22/05/2013 Uncontrolled copy if printed/ photocopied (unless specified otherwise) Version History Release Date Version

More information

RTA Portal Update. Lesley Proctor. www.rtapiclaimsprocess.org.uk

RTA Portal Update. Lesley Proctor. www.rtapiclaimsprocess.org.uk RTA Portal Update Lesley Proctor www.rtapiclaimsprocess.org.uk Presentation Objectives How the RTA Portal works History Process Performance Impact How it would work for EL / PL Claims The future Building

More information

The 2013 Ministry of Justice Reforms: A Practical Guide for Clients Garwyn Group

The 2013 Ministry of Justice Reforms: A Practical Guide for Clients Garwyn Group The 2013 Ministry of Justice Reforms: A Practical Guide for Clients Garwyn Group 1 What are the reforms? The Ministry of Justice Reforms are an interlocking package of measures designed to accelerate the

More information

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013

T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013 T&Lbulletin CONSTRUCTION TECHNICAL & LEGAL BULLETIN JUNE 2013 2013 JACKSON REFORM UPDATE PART TWO Since our February 2013 Jackson Reforms update, we have seen the claimant lobby s Judicial Review proceedings

More information

Accident & Investigation Pack for Employers & Public Liability Injury Claims

Accident & Investigation Pack for Employers & Public Liability Injury Claims Accident & Investigation Pack for Employers & Public Liability Injury Claims Guide to this Accident and Investigation Pack The 2013 Ministry of Justice (MOJ) reforms comprise a package of interlocking

More information

Employer s Liability in a Practical Context

Employer s Liability in a Practical Context Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An

More information

Disease: solving disputes post 1 April 2013

Disease: solving disputes post 1 April 2013 Disease: solving disputes post 1 April 2013 This update examines the impact made by the Jackson reforms since their implementation on 1 April 2013 and looks forward to the extension of the RTA portal due

More information

Claims Portal Walkthrough for Claimant Representatives: Creating and Sending a CNF for EL and PL claims. www.claimsportal.org.uk

Claims Portal Walkthrough for Claimant Representatives: Creating and Sending a CNF for EL and PL claims. www.claimsportal.org.uk Claims Portal Walkthrough for Claimant Representatives: Creating and Sending a CNF for EL and PL claims Your Work list screen. These buttons are displayed according to whether your organisation is registered

More information

DEFENDING AND SETTLING A CIVIL/PERSONAL INJURY CLAIM

DEFENDING AND SETTLING A CIVIL/PERSONAL INJURY CLAIM DEFENDING AND SETTLING A CIVIL/PERSONAL INJURY CLAIM 14 May 2015 Toby Scott, Partner How a claim is started and progressed Traditional Approach see Law Society Website http://www.lawsociety.org.uk/for-the-public/common-legal-issues/personal-injury-claim/

More information

Civil Procedure Rules Committee Consultation on extension of the RTA scheme to include employers and public liability claims up to the value of 25,000

Civil Procedure Rules Committee Consultation on extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Civil Procedure Rules Committee Consultation on extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 A response by the Association of Personal Injury Lawyers

More information

QBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims Portal Extension

QBE European Operations. UK Casualty Claims. Policyholder guide March 2013. 2013 Jackson reforms and Ministry of Justice Claims Portal Extension QBE European Operations UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms and Ministry of Justice Claims Extension UK Casualty Claims Policyholder guide March 2013 2013 Jackson reforms

More information

INFORMATION GATHERING EXERCISE QUESTIONNAIRE

INFORMATION GATHERING EXERCISE QUESTIONNAIRE ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

FIXED COSTS PART 45. Contents of this Part

FIXED COSTS PART 45. Contents of this Part FIXED COSTS PART 45 PART 45 Contents of this Part I FIXED COSTS Rule 45.1 Scope of this Section Rule 45.2 Amount of fixed commencement costs in a claim for the recovery of money or goods Rule 45.2A Amount

More information

An Update on the Ministry of Justice Reforms to Personal Injury Procedures

An Update on the Ministry of Justice Reforms to Personal Injury Procedures An Update on the Ministry of Justice Reforms to Personal Injury Procedures In terms of scale, the changes to the claims process for personal injury claims that interested parties have been expecting since

More information

Low value personal injury

Low value personal injury Low value ersonal injury i claims: Extended ortal rules key facts The 65 th udate to the Civil Procedure Rules comes into force on 31 July 2013. Full details of the changes can be found below but the major

More information

Policy and Procedure for Claims Management

Policy and Procedure for Claims Management Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

IOSH Midland North District

IOSH Midland North District IOSH Midland North District 26 th February 2015 The Civil Case Housekeeping Fire Safety please follow signs exit via stairwell and front door. Assembly point on car park. Toilets located on each landing.

More information

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook

MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook MODEL DIRECTIONS FOR CLINICAL NEGLIGENCE CASES (2012) - before Master Roberts and Master Cook Introductory note. These are the Model Directions for use in the first Case Management Conference in clinical

More information

The Incorporated Law Society of Cardiff and District. Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick

The Incorporated Law Society of Cardiff and District. Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick The Incorporated Law Society of Cardiff and District Members Forum 30 January 2013 JACKSON REFORMS WHERE ARE WE NOW? Michael Imperato Simon Cradick Agenda Legal Aid, Sentencing and Punishment of Offenders

More information

Agenda Item 8.12 CENTRAL MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST. The Director of Corporate Services Carole Self

Agenda Item 8.12 CENTRAL MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST. The Director of Corporate Services Carole Self CENTRAL MANCHESTER UNIVERSITY HOSPITALS NHS FOUNDATION TRUST Report of: Paper prepared by: The Director of Corporate Services Carole Self Head of Legal Services Michelle Lindup Date of paper: May 2014

More information

Civil Litigation Reforms & AIG

Civil Litigation Reforms & AIG Access to Justice Civil Litigation Reforms & AIG Start The reforms AIG Response day 1-5 day 6-20 day 21-25 AIG process map Overview and key Changes For more details of the reforms click here > The Jackson

More information

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND WRITTEN SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS 1. The Association of Personal Injury

More information

Pre-Action Protocol for Personal Injury Claims

Pre-Action Protocol for Personal Injury Claims PROTOCOLS Pre-Action Protocol for Personal Injury Claims Contents 1 Introduction 2 Notes of guidance 3 The protocol 4 Rehabilitation 5 Resolution of issues A Letter of claim B Pre-action personal injury

More information

Information Gathering Exercise on Pre-Action Protocols

Information Gathering Exercise on Pre-Action Protocols Information Gathering Exercise on Pre-Action Protocols May 2014 INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to

More information

Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly Mojhelpline@uk.zurich.com

Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly Mojhelpline@uk.zurich.com Welcome: The Zurich Jackson & MOJ Reforms Webinar will begin shortly If you do not get a chance to raise a question during the Webinar, you can use our MOJ advice centre, simply e mail your query to: Mojhelpline@uk.zurich.com

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

Expert evidence. A guide for expert witnesses and their clients (Second edition)

Expert evidence. A guide for expert witnesses and their clients (Second edition) Expert evidence A guide for expert witnesses and their clients (Second edition) Addendum, June 2009 1. Introduction 1.1 The second edition of this Guide was published in October 2003, in order to set out

More information

Steve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by:

Steve Mason, Legal Services and Governance Lead. Ratified and Approved CCG Governing Body on 10 October 2013 by: Title: Claims Management Policy Reference No: Owner: Author: Steve Mason, Legal Services and Governance Lead First Issued On: Latest Issue Date: Operational Date: Review Date: Consultation Date: Policy

More information

2014 No. 2044 (L. 28) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURT, ENGLAND AND WALES. The Civil Procedure (Amendment No.

2014 No. 2044 (L. 28) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURT, ENGLAND AND WALES. The Civil Procedure (Amendment No. S T A T U T O R Y I N S T R U M E N T S 2014 No. 2044 (L. 28) SENIOR COURTS OF ENGLAND AND WALES COUNTY COURT, ENGLAND AND WALES The Civil Procedure (Amendment No. 6) Rules 2014 Made - - - - 29th July

More information

Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill

Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Briefing on Amendments 132AA and 132AB to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill Kennedys advocates the repeal of Amendments 132AA and 132AB added to the Legal Aid, Sentencing

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

AN ARM AND A LEG: COSTS IN LOW VALUE PI. 1. This talk will give an overview of costs in low value PI, including:

AN ARM AND A LEG: COSTS IN LOW VALUE PI. 1. This talk will give an overview of costs in low value PI, including: AN ARM AND A LEG: COSTS IN LOW VALUE PI Lucy McCormick 13 King s Bench Walk March 2012 1. This talk will give an overview of costs in low value PI, including: 1.1. The Small Claims track; 1.2. The Fast

More information

Draft Pre Action Protocol for claims for damages for mesothelioma

Draft Pre Action Protocol for claims for damages for mesothelioma Draft Pre Action Protocol for claims for damages for mesothelioma Contents Introduction...2 1. Overview of Protocol General Aim...2 2. Intimation Letter...2 3. Letter of Claim...3 4. Defendant's Response...4

More information

Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper

Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper Bar Council and the Personal Injuries Bar Association response to the Extension of the RTA Portal PA Scheme consultation paper 1. This is the response of the General Council of the Bar of England and Wales

More information

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13,

APIL/PIBA CFA version 9, for personal injuries and clinical negligence claims, from 1.4.13, SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 April 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse mesothelioma.)

More information

Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012

Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012 Implementing Jackson: reform of 'no win, no fee' claims & related changes - 6 th November 2012 Alistair Kinley Partner & Head of Policy Development t: 020 7865 3350 e: alistair.kinley@blm-law.com construction

More information

Yes No No Preference. Comments. Comments

Yes No No Preference. Comments. Comments 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil Courts Review if made compulsory? (Please tick as appropriate)

More information

making a road traffic accident claim

making a road traffic accident claim W E L C O M E P A C K making a road traffic accident claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation for over

More information

Civil litigation reforms Jackson one year on

Civil litigation reforms Jackson one year on Civil litigation reforms Jackson one year on Introduction 1 April 2013 saw a number of civil litigation reforms come into force. The reforms were spearheaded by Lord Justice Jackson and were heralded to

More information

INFORMATION GATHERING EXERCISE QUESTIONNAIRE

INFORMATION GATHERING EXERCISE QUESTIONNAIRE ANNEX B INFORMATION GATHERING EXERCISE QUESTIONNAIRE 1. Are the stated aims and purposes of the current voluntary pre-action protocols adequate to comply with the recommendations of the Scottish Civil

More information

CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS

CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS CIVIL JUSTICE COUNCIL (CJC) RESPONSE REDUCING THE NUMBER & COSTS OF WHIPLASH CLAIMS General The CJC welcomes the opportunity to respond to this consultation. It further welcomes the intention to improve

More information

Occupational disease and the Pre-action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) claims

Occupational disease and the Pre-action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) claims Occupational disease and the Pre-action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) claims Simon Morrow Partner, BLM t: 0161 838 6791 e: simon.morrow@blm-law.com July

More information

Jackson Reforms The Changing Claims Landscape: one year on

Jackson Reforms The Changing Claims Landscape: one year on CLAIMS FOCUS RISK PRACTICE BULLETIN JULY 2014 Jackson Reforms The Changing Claims Landscape: one year on A number of months have now passed since the legal milestones of 2013 which changed the way civil

More information

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

More information

Pre-Action Protocol for Personal Injury Claims

Pre-Action Protocol for Personal Injury Claims PROTOCOLS Pre-Action Protocol for Personal Injury Claims Contents 1 Introduction 2 Notes of guidance 3 The protocol 4 Rehabilitation 5 Resolution of issues A Letter of claim B Pre-action personal injury

More information

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only].

Conditional Fee Agreement ( CFA ) [For use in personal injury and clinical negligence cases only]. Disclaimer This model agreement is not a precedent for use with all clients and it will need to be adapted/modified depending on the individual clients circumstances and solicitors business models. In

More information

Model Order clinical negligence duty-causation-quantum outside RCJ

Model Order clinical negligence duty-causation-quantum outside RCJ Warning: you must comply with the terms imposed upon you by this order otherwise your case is liable to be struck out or some other sanction imposed. If you cannot comply you are expected to make formal

More information

making a personal injury compensation claim

making a personal injury compensation claim W E L C O M E P A C K making a personal injury compensation claim T H A N K Y O U A N D W E L C O M E Thank you for instructing Colemans-ctts solicitors. We have been helping people claim compensation

More information

PERSONAL INJURY CLAIMS

PERSONAL INJURY CLAIMS PERSONAL INJURY CLAIMS Frequently Asked Questions 1. Can I make a claim? If you have been injured because of the fault of someone else, you can claim financial compensation through the courts. The dependants

More information

HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS

HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS HAZARDS CONFERENCE 2013 LEGAL REFORMS KEY POINTS Personal Injury Stephen Nye & Satinder Bains Partners Irwin Mitchell LLP, Birmingham FACTS AND FIGURES The number of cases of mesothelioma, caused by asbestos,

More information

THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT

THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT THE IMPACT OF THE JACKSON REFORMS ON COSTS AND CASE MANAGEMENT 1. It has now been almost one year since the introduction of the Jackson reforms. The impact of these reforms has been far reaching in certain

More information

Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society

Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society Personal Injury Litigation after APRIL 2013 - Cambridge Medico-legal society ANDREW RITCHIE QC 9 Gough Square LONDON 1 Before 2003 In PI cases in claimant work: Solicitors were paid by the hour The courts

More information

The extended RTA Protocol Claims submitted from 31 July 2013 Guide for claims handlers

The extended RTA Protocol Claims submitted from 31 July 2013 Guide for claims handlers The extended RTA Protocol Claims submitted from 31 July 2013 Guide for claims handlers Introduction This guide provides an at a glance review of the updated Protocol. The original Pre-Action Protocol for

More information

Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000- A call for evidence

Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000- A call for evidence Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000- A call for evidence A response by the Association of Personal Injury Lawyers 25 May 2012 Page 1 of

More information

Pre-Action Protocol Amendments

Pre-Action Protocol Amendments Pre-Action Protocol Amendments The new Pre-Action Protocols and Amendments to the existing Pre-Action Protocol are approved by the Master of the Rolls as Head of Civil Justice. The new Practice Directions

More information

The New CFA and DBA Regime. Simon Edwards

The New CFA and DBA Regime. Simon Edwards The New CFA and DBA Regime Simon Edwards CFAs post 1 April 2013 Section 58A (6) Courts and Legal Services Act 1990 (CLSA) provides that a costs order made in proceedings may not include provision requiring

More information

Short Form CFA based on "APIL/PIBA 9" for personal injuries and clinical negligence claims from 1.10.2013

Short Form CFA based on APIL/PIBA 9 for personal injuries and clinical negligence claims from 1.10.2013 LAMB CHAMBERS SHORT FORM CFA for use BETWEEN SOLICITORS AND COUNSEL on or after 1 October 2013 in personal injuries and clinical negligence claims (This agreement is not suitable for claims for diffuse

More information

Ministry of Justice Whiplash Reform Programme: consultation on independence in medical reporting and expert accreditation

Ministry of Justice Whiplash Reform Programme: consultation on independence in medical reporting and expert accreditation Ministry of Justice Whiplash Reform Programme: consultation on independence in medical reporting and expert accreditation Question 1: Do you agree that the proposed amendments to paragraphs 7.1A(1) and

More information

Policy Ref No: SABP/RISK/0034

Policy Ref No: SABP/RISK/0034 Policy Ref No: SABP/RISK/0034 NAME OF POLICY: Claims Handling Policy Clinical Negligence, Liabilities to Third Parties and Property Expenses Scheme Claims REASON FOR THE POLICY: WHAT THE POLICY WILL ACHIEVE:

More information

Workers Compensation Amendment (Transitional) Regulation 2012

Workers Compensation Amendment (Transitional) Regulation 2012 New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the

More information

SCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION

SCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION SCOTTISH EXECUTIVE HEALTH DEPARTMENT THE RECOVERY OF NATIONAL HEALTH SERVICE COSTS IN CASES INVOLVING PERSONAL INJURY COMPENSATION A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS NOVEMBER 2002

More information

Consultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000

Consultation Document. Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Consultation Document Extension of the RTA scheme to include employers and public liability claims up to the value of 25,000 Response from: British Vehicle Rental and Leasing Association River Lodge Badminton

More information