MoJ claims process


Parties can contract out of fixed costs regime

Parties can agree to contract out of fixed costs, a regional costs judge has ruled. He said it was clear that a recent ruling of the Court of Appeal allowed parties to do this.

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Keoghs gears up to build AI-backed ‘virtual assistant’

An artificial intelligence-backed “virtual assistant” to augment the work of lawyers in large loss cases is being developed by defendant law firm Keoghs as part of a suite of new tools.

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Credit hire claim dismissed over spoof Google ad

A personal injury claimant has had his credit hire claim dismissed because he was the victim of a spoof Google advert that misled him into believing that he had called his insurer after the accident.

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MedCo eyes charging all users as it faces £2m loss

The continuing decline in number of medical reporting organisations signed up to MedCo is set to blow a £2m hole in its finances and could lead to all users being charged, it has emerged.

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

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.

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Late evidence does not mean automatic protocol exit

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.

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Joel Booth

Rehabilitation lobby pushes for link to whiplash portal

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.

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

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.

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