MoJ claims process
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.
High Court gives whiplash contempt proceedings green light
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
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
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.
Blog
From ATE to the Civil Liability Act
Allianz Legal Protection’s latest roundtable in London discussed topics ranging from after-the-event insurance to the Civil Liability Act 2018, with both deriving many thought-provoking points.
