MoJ claims process


Credit card lie “made PI claimant fundamentally dishonest”

17 October 2019

A personal injury claimant who lied over whether he had credit cards which could have been used to pay for a replacement car, instead of credit hire, was fundamentally dishonest, the High Court has ruled.


Judge upholds strike-out of £2.6m ‘RTA portal’ claim

2 September 2019

A judge has upheld the striking out of a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimants admitted it should be transferred.


Court proceedings pack change “renders portal offer void”

19 August 2019

A circuit judge has ruled that a failure in a portal case to include the same damages figure in the stage 3 court proceedings pack as in the stage 2 settlement pack form renders the offer void.


Test to escape fixed costs in ex-portal cases is “high bar”

23 April 2019

The ‘exceptional circumstances’ test by which claimants whose cases exit the RTA portal can claim more than fixed recoverable costs is a high, rather than a low, bar, the High Court has held.


Ministry of Justice to put MedCo at heart of LiPs portal

18 April 2019

MedCo should be modified to accommodate unrepresented claimants as part of next year’s rise in the small claims limit for road traffic accident-related personal injury claims, the Ministry of Justice said today.


Agency fee for medical records recoverable under EL/PL protocol

4 March 2019

Claimants in low-value public liability cases are able to recover medical agency fees incurred in obtaining medical records, even though there is no express allowance in the CPR, a circuit judge has ruled.


Claimant “bound” by failure to change figure in portal

19 February 2019

A claimant whose solicitors failed to amend the gross settlement box in the Ministry of Justice portal while negotiating with the defendant insurer was stuck with the figure, a circuit judge has ruled.


Number of MROs shrinks by a third as MedCo clamps down

25 September 2018

The number of medical reporting organisations on the MedCo system has shrunk by a third in only eight months, it emerged last week. By the end of August 2018 there were 78 MROs in the system, compared with 120 at 31 December 2017.


Confusion as solicitors make medical record requests for clients under GDPR

17 September 2018

There is confusion over whether solicitors can seek medical records for free by making subject access requests under the General Data Protection Regulation. The issue is becoming increasingly prominent, with the British Medical Association set to lobby the government over it.


Product liability claims covered by PL protocol, claimant solicitors told

22 August 2018

Claimant lawyers are wrong to argue that product liability claims fall outside the protocol for low-value public liability claims, a defendant solicitor has said. Claire Laver said the scope of the protocol was clearly set out in its rules and included specific exceptions.

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