MoJ claims process


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.


High Court gives whiplash contempt proceedings green light

13 August 2018

A High Court judge has allowed a bus company’s application for committal proceedings to go ahead against two former claimants who said they had serious whiplash injuries from a minor traffic collision, when CCTV showed otherwise.


“Courts need to do more in battle against fraudulent claims” says insurer

9 July 2018

A leading insurance company that had to appeal to the High Court to secure a finding of fundamental dishonesty in a personal injury claim said the case showed the industry needed “more support” from judges if they are to challenge fraudulent claims.


Premiums up, claims down: 2017 was “best year this century” for motor insurers

29 June 2018

Premium increases, a fall in injury claims and the release of reserves for large claims due to an “improved outlook” on the discount rate made 2017 the best year for motor insurers since 1994, new figures have shown. They also predicted that motorists would save £35 from the Civil Liability Bill reforms.

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