MoJ claims process


Accepting cap on damages deduction “equals informed consent”

A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.

Read More

Richard West

Kennedys automates assessment of medical evidence in portal cases

Defendant firm Kennedys is now using artificial intelligence to assess medical evidence and recommend a damages figure for claims in the MoJ claims portal.

Read More

“Where are the savings?” – PI lawyers attack insurers

Claimant lawyers have attacked motor insurers for failing to pass on to consumers £367m in savings they have seen because of the impact of Covid-19 in reducing injury claims.

Read More

ABI: Claims dived during lockdown but their value went up

The number of motor insurance claims notified to insurers in the second quarter of 2020 fell by nearly half, but their value leapt by 31%, according to the Association of British Insurers.

Read More

Judge lashes out at “shameful drivel” produced in RTA claims

A judge lambasted the preparation of low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.

Read More

“Unconscionable” for defendant to benefit from portal mistake

The overriding objective means that defendants can be prevented from taking advantage of claimant errors to achieve lower settlements in RTA portal cases, a judge has ruled.

Read More

High Court: Counsel’s fee for ex-protocol cases not fixed

Counsel’s fees for valuing claims which fall out of the personal injury protocols are not subject to fixed costs, the High Court has ruled, rejecting the argument that this led to an “absurd outcome”.

Read More

CA reinstates £2.2m that languished in RTA portal for four years

The Court of Appeal has overturned a decision to strike out a £2.2m personal injury claim which remained in the RTA portal for almost four years before the claimant’s solicitors sought to transfer it.

Read More

← Older posts Page 1 of 10

Blog

30 March 2021

Judicial review reform: A risk to the courts’ post-Brexit standing

In addition to questions about the motivations for curbing legal challenges to political decisions, the proposed reforms to judicial review raise concerns about undermining the reputation of the English courts

Read More