MoJ claims process


CA: Part 36 offer did not contract out of fixed costs

19 November 2019

A defendant who settles a claim that leaves the RTA protocol with a part 36 offer including the usual wording about paying costs on the standard basis is not contracting out of fixed costs, the Court of Appeal has ruled.


Late evidence does not mean automatic protocol exit

14 November 2019

A circuit judge was wrong to find that an employer’s liability claim automatically exited the protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the appeal court has ruled.


Rehabilitation lobby pushes for link to whiplash portal

13 November 2019

The absence of rehabilitation from the new whiplash regime risks “unintended and ill-considered consequences”, a group of leading rehabilitation and medical reporting organisations has warned.


Counsel’s fee in portal drop-out case included in fixed costs

30 October 2019

Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.


Claimant faces £400,000 credit hire bill in “extreme” case

25 October 2019

A claimant is facing a bill of over £400,000 in credit hire charges plus legal costs after a county court found that the car she collided with was stationary.


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.

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