MoJ claims process


Accepting cap on damages deduction “equals informed consent”

29 March 2021

A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.


Kennedys automates assessment of medical evidence in portal cases

19 March 2021

Defendant firm Kennedys is now using artificial intelligence to assess medical evidence and recommend a damages figure for claims in the MoJ claims portal.


“Where are the savings?” – PI lawyers attack insurers

11 November 2020

Claimant lawyers have attacked motor insurers for failing to pass on to consumers £367m in savings they have seen because of the impact of Covid-19 in reducing injury claims.


ABI: Claims dived during lockdown but their value went up

4 September 2020

The number of motor insurance claims notified to insurers in the second quarter of 2020 fell by nearly half, but their value leapt by 31%, according to the Association of British Insurers.


Judge lashes out at “shameful drivel” produced in RTA claims

28 August 2020

A judge lambasted the preparation of low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.


“Unconscionable” for defendant to benefit from portal mistake

24 August 2020

The overriding objective means that defendants can be prevented from taking advantage of claimant errors to achieve lower settlements in RTA portal cases, a judge has ruled.


High Court: Counsel’s fee for ex-protocol cases not fixed

10 August 2020

Counsel’s fees for valuing claims which fall out of the personal injury protocols are not subject to fixed costs, the High Court has ruled, rejecting the argument that this led to an “absurd outcome”.


CA reinstates £2.2m that languished in RTA portal for four years

4 August 2020

The Court of Appeal has overturned a decision to strike out a £2.2m personal injury claim which remained in the RTA portal for almost four years before the claimant’s solicitors sought to transfer it.


Claimants lose out after entering wrong figures in MoJ portal

28 July 2020

The doctrine of unilateral mistake cannot be used to set aside settlements in portal cases where the claimant solicitors erroneously included lower figures, two county court judges have ruled.


Insurers urged to “drive wedge” between PI solicitors and clients

10 July 2020

Insurers should look to “drive a wedge between claimant and solicitor” when dealing with late notified claims, which have spiked during lockdown, a counter-fraud specialist has argued.

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30 March 2021

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