MoJ claims process


Claimants lose out after entering wrong figures in MoJ portal

The doctrine of unilateral mistake cannot be used to set aside settlements in portal cases where the claimant solicitors erroneously included lower figures, two county court judges have ruled.

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Insurers urged to “drive wedge” between PI solicitors and clients

Insurers should look to “drive a wedge between claimant and solicitor” when dealing with late notified claims, which have spiked during lockdown, a counter-fraud specialist has argued.

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Both sides support MedCo assessments staying online

Covid-19 has released the ’virtual claims management’ genie from the bottle and there will be no going back, a leading claimant firm has argued.

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Rule committee urged to review disbursements in fixed-cost cases

The Supreme Court has called on the Civil Procedure Rules Committee to review the issue of whether disbursements should be payable separately in fixed-cost personal injury cases.

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medical report

MedCo reverses position on medicals by video

MedCo has today reversed its decision not to allow remote medical examinations after pressure from its users and in light of government advice.

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Claimant who exited portal by error avoids fixed costs

A costs judge was entitled to find that a case that erroneously exited the portal would have done so legitimately at some stage and so the claimant was entitled to regular, rather than fixed, costs.

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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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Blog

22 July 2020

Frustration: from the coronation to coronavirus?

It is relatively rare for frustration to be called upon as a solution for contractual non-performance in English law and the doctrine has historically only developed during times of social and economic change.

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