MoJ claims process


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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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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Blog

19 January 2021
Christian Smith

Pay as you go? Not quite

The Court of Appeal recently reaffirmed the statement of the general rule in the White Book that the costs of an application for an interim injunction will, absent any special factors, be reserved.

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