MOJ Portal The Key to Success

Transcription

1 MOJ Portal The Key to Success

2 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 the claimant fraternity but the belief of those acting on behalf of defendants is that the playing field has now been levelled. These are the most revolutionary reforms in decades, eclipsing the Woolf reforms and the advent of the CPR in Much has already been written about the reforms but without an analysis of the practicalities and tactical opportunities they present to defendants. Portal A Practical Guide The Portal is being extended to personal injury claims up to 25,000 including both RTA and EL/PL. The new protocol for EL/PL claims will commence at the end of July The CNF (Claim tification Form) is still awaited but it is likely to be similar to the RTA CNF and will be a form that is simple and quick to complete. Claimants themselves will be able to complete the form. The RTA Portal has been extended initially to increase the value to 25,000 but the liability response time remains 15 days. The primary areas of note in respect of the EL/PL Portal are: Cases will only be included if the accident date is after 31 July The trigger date for EL only disease claims (one defendant) is the date of the letter of claim. A new FRC (Fixed Recoverable Costs) regime for cases both within and outside the pre and post litigation Portal will commence.

3 If EL disease cases (only one defendant) fall outside the Portal then the claims will proceed on the existing standard hourly rates. PL disease and EL disease with more than one defendant and mesothelioma claims remain unaffected. The timescales for a liability response are: a) EL 30 working days (six weeks). b) PL 40 working days (eight weeks). The period for a response starts the first business day after the CNF is sent to the party. An overview flowchart showing the Portal process is attached together with the FRC (Fixed Recoverable Costs) regime. Challenges The following will be anticipated tactics used by claimants and thus challenges: It remains to be seen how claimants will use the ELTO (Employers Liability Tracing Office) as delays can be experienced in obtaining insurer information via the ELTO. Without the identity of an insurer being known in EL or PL cases then claimants are likely to serve a CNF via first class post on a business address (likely to be the accident location). For disease cases claimants will attempt to include more than one defendant wherever possible. Claims are likely to be inflated to try to exceed the 25,000 Portal limit. Claimants will contend that without an electronic acknowledgement to the CNF by the next working day, then the case falls outside the Portal. PADs (Pre Action Disclosure Applications) are still likely to be made so that Cl s solicitors can supplement income if there is no full liability admission within Stage 1 of the Portal.

4 Practicalities Education and training is required to ensure an immediate acknowledgement is sent within 24 hours once a CNF is received. Liability decisions ideally should be made as soon as possible once accident investigations are concluded and before the CNF is even received. This will ensure that a full liability admission can be made well within the 15/30/40 day period and the benefit of the Stage 1 fixed costs gained ( 200 RTA/ 300 EL/PL). An enclosing the CNF should be sent to the insurer at the same time as the acknowledgement to the claimant s solicitors and standard brief s should be drafted. A tight diary system or Portal amended case management system is required to keep within the strict time limits. If the claim falls out of Portal Stage 1 then a detailed denial together with relevant supporting documentation should be served as soon as possible to avoid a PAD. Opportunities Our focus is to keep claims within the Portal due to the low fixed fees which are: Portal fees Claims of 1k- 10k Claims of 10k- 25k Claims up to 25k EL/PL Claims Stage 1 Stage 2 Total Stage 1 Stage 2 Total Stage ,300 1, paper hearing 500 oral hearing Claims of 1k- 10k Claims of 10k- 25k Claims up to 25k RTA Claims Stage 1 Stage 2 Total Stage 1 Stage 2 Total Stage paper hearing 500 oral hearing

5 Consideration should be given to a section on a corporate defendant s website to confirm the identity of the insurer or TPA handling the claim. This is advisable so there are costs arguments if the CNF is then sent to a business address and not responded to within one day. Contributory negligence arguments should not, in the ordinary course of events, be used in lower value claims as these will take the claim outside the Portal and increase spend. Early accident notifications and liability decisions should be made even before the CNF is received. Subsidiary companies should have the same processes as larger parent companies. There should be a documented process for the post room/admin teams to ensure CNFs are acknowledged to claimant solicitors and sent to insurers immediately on receipt with a specified form of wording. At Plexus Law we have had an MOJ Steering Group in place to fully understand and embrace the new reforms. Our sophisticated case management systems and processes interact with the Claims Portal via A2A (Application to Application) and interface directly with the Portal to transfer and receive information instantaneously between the two systems eliminating the need to use the Portal User Interface and ensuring a streamlined efficient process to keep all appropriate claims within the Portal. Clients should register with the Portal company which can be found at the following web address: Contact Us For any further information or to discuss Portal strategy please contact: Anthony Baker or Laurence Ives T: E: [email protected] E: [email protected]

6 Stage 1 Accident a,er 01/08/13 Outside new protocol Does the claim include personal injury but not exceed 25k in overall value (and does not fall into para 4.3 excepions)? Stage 1 Defendant s insurer idenified? Claimant sends CNF to insurer and defendant (def only CNF to defendant via Portal or 1 st class post) Next business day: Deemed date of service Claimant sends CNF to defendant only (via Portal or 1 st class post) Insurer/defendant sends electronic acknowledgement to claimant Defendant sends electronic acknowledgement to claimant? Defendant sends CNF to insurer Outside new protocol Outside new protocol Deemed date of service +1 day Insurer send electronic acknowledgement to claimant Deemed date of service +30 days Insurer completes CFN response and sends to claimant Outside new protocol Outside new portal Full admission of liability (i.e. no contributory negligence)? Outside new portal STAGE 2 (Quantum)

7 FRC s (Fixed Recoverable Costs) Outside Portal: Pre issue Pre issue Pre issue Issued - Post Issued - Post Issued - Post Trial - 1,000-5,001-10,001 - Allocation Allocation Allocation Advocacy fee 5,000 10,000 25,000 Pre Pre listing Pre trial allocation Case settles Case settles Case settles before issue before issue before issue Employers Liability Fixed Costs % of 1, % of over 5k 2,500 + over 10k 2, , % of 4, % of 485 (to 3,000) 690 ( 3-10,000) ( 10-15,000) 1,650 ( 15,000+) Escape +20% +20% +20% +20% +20% +20% N/A Public Liability Fixed Costs % of 1, % of over 5k 2, % of over 10k 2, % of 3, % of 3, % of 485 (to 3,000) 690 ( 3-10,000) 1,035 ( 10-15,000) 1,650 ( 15,000+) Escape +20% +20% +20% +20% +20% +20% N/A Road Traffic Accident Fixed Costs Greater of 550 or % of 1, % of over 5k 1, % of over 10k 1, , , (to 3,000) 690 ( 3-10,000) 1,035 ( 10-15,000) 1,650 ( 15,000+) Escape +20% +20% +20% +20% +20% +20% N/A

8 T: Offices in London, Leeds, Manchester and Colchester Plexus Law is a trading name of Parabis Law LLP, a Limited Liability Partnership. Incorporated in England & Wales. Reg : OC Registered office: 8 Bedford Park, Croydon, Surrey CR0 2AP Parabis Law LLP is authorised and regulated by the SRA.