MoJ claims process
Credit card lie “made PI claimant fundamentally dishonest”
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
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”
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”
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
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
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
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
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
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
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.
Blog
Lomax and the irresistible rise of ADR
A recent decision in the Court of Appeal concerning ADR is striking for a number of reasons, not least of which is the perceived restriction of the citizen’s right to exercise his or her right to a fair trial.
