Martin Partington: Spotlight on the Justice System

Since 2010, there has been a special procedure for dealing with claims for personal injuries arising out of Road Traffic accidents, where the amount of damages sought is under £10,000.

From 31 July 2013, the financial limit for the use of the procedure has been lifted to £25,000. At the same time, the procedure has been extended to claims arising from personal injuries at work (Employer’s Liability cases) and from personal injuries suffered by members of the public as the result of a company or its employees failing to take reasonable care (Public Liability cases).

A new electronic portal, the Claims Portal, has been developed to ensure that all such claims are processed speedily, incurring only fixed costs, and in a way that is compliant with the relevant pre-action protocols. The Claims Portal is run by a not-for-profit company, with 8 directors representing both potential claimants (e.g. the Trades Union Congress) and potential compensators (Insurance companies).

Of course, if liability for an accident is not admitted, or agreement cannot be reached about the amount to damages to be paid, the claim will not be finally resolved through this process. It is however anticipated that for straightforward cases, the portal will speed the process and reduce the costs.

The changes have been brought about by amendment to the Civil Procedure Rules.

For a government press release on the changes go to https://www.gov.uk/government/news/action-on-compensation-claims-for-slips-and-trips.

For the Civil Procedure Rules go to http://www.justice.gov.uk/courts/procedure-rules/civil (scroll down to Release 65).

For more information about the Claims Portal go to http://www.claimsportal.org.uk/en/about/about-claims-portal-ltd/

For a useful summary of the changes – written by an insurance company, go to http://www.allianz.co.uk/home/search-results.html?searchQuery=claims+portal and click on MOJ Reforms

This blog up-dates my book at Box 8.3 para 4