The Government has today published its long awaited proposal for
reform of case track limits and claims process for Personal Injury
( PI) claims. The response includes radical changes to procedure in
relation to Road Traffic Accident (RTA) claims worth under £10,000
and increases the fast track limit to £25,000.
Whilst this is a positive step, according Nick Parsons of law
firm Browne Jacobson, there is disappointment that the reform is
too limited and shows potential loopholes.
“The ability to refer a settlement pack prepared prior to
proceedings to a judge for a decision on quantum will be an
important development, particularly given the potential for
duplication of work after issue of a claim under the current
process. However, it is disappointing that there is no provision
for a judge to make a decision on the papers, even in the lowest
value claims. In most cases, the parties to a claim have no desire
to go to court, seeing it as a disproportionately expensive step. A
paper based process would help promote quick and efficient
justice.
“As with predictive fees, there are also potential loopholes
which some may choose to exploit. There are various circumstances
in which claims will come outside the procedure including where the
defendant raises contributory negligence and where medical reports
show causation issues. There is also no provision for extension of
the time limit for decisions on liability. While defendants should
certainly be sticking to deadlines where possible, allowing a
failure to respond on liability within 15 days to render a claim
outside the process will only compound delays further down the
line.
While the reforms are a welcomed development, it is concerning
that the proposals seen to focus on ‘easy win’ areas. An increase
to the fast track limit is sensible, but far from groundbreaking,
and procedural changes have been limited to lower value claims
relating to road traffic accidents.
“The response does not tackle the need for reform in relation to
higher value claims, or other injury claims such as employers and
public liability cases. There are additional challenges to be faced
in reforming these areas of PI law, but none of these are
insurmountable. I would have liked to see more focus on these
areas, particularly after a year of waiting for this response. I
hope that the reforms we have been presented with will now lay the
groundwork for broader procedural reform.
“The proposals are an interesting response to the need to
improve the handling of RTA claims. The Government and Civil
Justice Committee now need to ensure the reforms tie in
appropriately with existing processes to avoid further loopholes
and to build on the work done to date
The government has collected an enormous amount of information
from 271 respondents and only part of that can have been put to use
in developing these narrowly framed reforms. I hope the Government
and Civil Justice Council will continue to use knowledge gained
through this exercise to put into place an ongoing programme of
reform, looking at other areas of PI procedure
“There are definite opportunities to put into place still more
effective processes to settle claims swiftly, at the right value
whilst also controlling costs. I hope that these proposals will be
the beginning of a process of reform which will leave us with a
faster more efficient means of dealing with claims.”
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