MoJ claims process


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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Claimant faces £400,000 credit hire bill in “extreme” case

A claimant is facing a bill of over £400,000 in credit hire charges plus legal costs after a county court found that the car she collided with was stationary.

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Credit card lie “made PI claimant fundamentally dishonest”

A personal injury claimant who lied over whether he had credit cards which could have been used to pay for a replacement car, instead of credit hire, was fundamentally dishonest, the High Court has ruled.

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Judge upholds strike-out of £2.6m ‘RTA portal’ claim

A judge has upheld the striking out of a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimants admitted it should be transferred.

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Court proceedings pack change “renders portal offer void”

A circuit judge has ruled that a failure in a portal case to include the same damages figure in the stage 3 court proceedings pack as in the stage 2 settlement pack form renders the offer void.

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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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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

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