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.

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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.

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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.

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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.

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Martin Heskins 2

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.

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3d dosiier popping out from a laptop screen

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.

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Claire Laver

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.

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whiplash exam by doctor

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.

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