MoJ process route planner

Navigate your way through the MoJ Process

The MoJ Navigator has been designed taking into account the 80/20 rule ie 80% of the claims will follow the new process.

We understand that not all claims that enter the process will remain in the process. It is vital that your business understands the reasons why a claim that has entered the process has left it. This will serve not only as a very useful tool for training purposes but also for monitoring claimant solicitor behaviours - so collation of management information is important.

There will be exceptional circumstances for a claim leaving the process e.g. fraud. However, for the purposes of the Navigator exceptional circumstances have been excluded.

Stage 1 - Claim Notification Form (CNF) received

Is liability:

• admitted
• denied
• contributory negligence

Is liability admitted:

• within 15 business days (30 days for MIB uninsured drivers’ agreement)
• outside of the 15 business days (30 days for MIB) or no response

Is liability denied:

• Where the defendant denies liability within 15 business days, they should respond to the claimant enclosing the CNF stating the reason for denial of liability in the ‘insurer response’ section.
• The claim automatically falls outside of the process regardless of whether liability has been denied within, or outside of, the 15 day time period (30 days for MIB). The claim will then enter into the Pre-Action Protocol.
  
• Costs - Stage 1 fixed costs will not be paid and the costs for all work on the claim will fall under the current costs regime.

Is contributory negligence:

• Seatbelt related
• Other than seatbelt

Liability admitted within 15 days:

• The defendant should complete the CNF ‘Insurer Response’ and send it to the claimant.
• The claimant will then obtain medical evidence and the claim proceeds to stage 2 – medical evidence, offers to settle and negotiation.
  
• Costs
  • Fixed recoverable costs of £400 will be paid at the end of Stage 1 (for claims involving a minor please refer to infant claims)
  • Costs must be paid within 10 business days of Stage 1 being completed.
  •  If costs are not paid within the set time frame then the claimant may give written notice that the claim will no longer continue under this process. Unless the claimants notice is sent to the defendant within 10 days after the expiry of the 10 business days, the claim will continue under this process.
  • 12.5% success fee uplift will be applicable where a conditional fee agreement is in place. The success fee element for Stage 1 will only be payable at the end of Stage 2 where the case settles.

Liability admitted outside 15 business days or no response:

• If liability is admitted outside of the 15 day period, or if there is no response within the 15 day time frame, the case will automatically leave the process and will enter into the Pre-Action Protocol for Personal Injury Claims.
  
• Costs - Stage 1 fixed costs will not be payable.

Contributory negligence - seatbelt related:

• Contributory negligence in respect of seatbelts will remain in process if liability is admitted within the 15 day time frame (30 days MIB).
• The claimant will then proceed to obtain medical evidence and the claim proceeds to stage 2 – medical evidence, offers to settle and negotiation.
  
• Costs
  • Fixed recoverable costs of £400 will be paid at the end of Stage 1.
  • Costs must be paid within 10 business days of Stage 1 being completed.
  •  If costs are not paid within the set time frame then the claimant may give written notice that the claim will no longer continue under this process. Unless the claimants notice is sent to the defendant within 10 days after the expiry of the 10 business days, the claim will continue under this process.
  • 12.5% success fee uplift will be applicable where a conditional fee agreement is in place. The success fee element for Stage 1 will only be payable at the end of Stage 2 where the case settles.

Contributory negligence - non seatbelt related:

• Where the defendant admits liability within 15 business days but this is subject to contributory negligence other than failure to wear a seatbelt, the claim will leave the process and will enter into the Pre-Action Protocol.
• The defendant must set out the reasons for alleging contributory negligence in the ‘Insurer Response’ section of the CNF and send this to the claimant.
  
• Costs
  • Stage 1 Fixed costs will not be paid.  

Stage 2

Medical evidence, offers to settle and negotiation.

• The claimant will complete the Stage 2 settlement pack form together with the medical report and any supporting evidence for special damages claimed.
• The medical report should provide both parties with enough information to calculate the deductions in respect of the contributory negligence element.
• The settlement pack, submitted by the claimant will include figures for each head of claim and where contributory negligence in respect of seatbelts is alleged the claimant should suggest a reduction for the contributory negligence. However if there is a dispute over the amount, the matter will proceed to Stage 3 - where quantum cannot be agreed.
• The defendant has 15 business days from receipt of the settlement pack to consider and either accept the claimant’s offer or make a counter offer.
• Should the defendant wish to question or deny causation, the claim will leave the process.

Accept the claimant offer

• The defendant must accept the claimants’ offer within 15 business days.
• Payment of damages to be made within 10 business days of settlement having been agreed.
  
• Costs
  • Fixed recoverable cost of £800
  • Disbursements allowed in accordance with rule 45.30 (2) (a), and
  • A success fee for Stage 1 and 2 Fixed costs where a CFA is in place
  • To be paid within 10 business days of Stage 2 being completed.
  • cost calculator

Counter offer

• Where the claimant's offer to settle is not accepted the defendant must make a counter offer using the settlement pack form.
• The counter offer must be made within the initial 15 day period, which is known as the "initial consideration period".
• The time then resets and there will be a further 20 business days (the "negotiation period") for negotiations.
  • Reach a settlement
  • Fail to reach a settlement

Settlement

• Costs
  • Fixed recoverable cost of £800
  • Disbursements allowed in accordance with rule 45.30 (2) (a), and
  • A success fee for Stage 1 and 2 Fixed costs where a CFA is in place
  • All the above to be paid within 10 business days of Stage 2 being completed.
  • costs calculator
    

Failure to reach a settlement

• The matter then proceeds to Stage 3 Quantum hearing.
  

Stage 3: Quantum hearing - procedure.

• Where agreement has not been reached at the end of Stage 2, the claimant will make an application to the court to determine quantum.
• Claimant will file a claim form and the Court Proceedings Pack (Parts A and B)
• Settlement Pack B to be lodged in a sealed envelope to be opened after a determination has been made
• Defendant must complete Acknowledgement of Service, return to court office within 14 days of the date on which the claim form was served.
• On receipt of the Acknowledgement of Service, the matter is referred to a judge for directions for the disposal of the claim.
  
• Costs
  • Claimant obtains judgement of an amount less than or equal to the defendant's offer
  • Claimant obtains judgement against the defendant for an amount that is more than the defendant's offer, but less than the claimant's offer
  • Claimant obtains judgement against defendant for an amount of damages that is equal to or more than the claimant's offer

• Claimant obtains judgement for an amount less than or equal to the defendant's offer
  • Fixed costs (Rule 45.38) - £250 (paper hearing) or £500 (oral hearing)
  • Disbursements allowed in accordance with Rule 45.30; and
  • A 100% success fee (Rule 45.31(4) - CFA/CCFA)
  • Interest on the fixed costs from the first business day after the deemed date of the offer.
    
• Claimant obtains judgement against the defendant for an amount that is more than the defendant's offer but less than the claimant's offer.
  • Fixed costs - £250 (paper hearing) or £500 (oral hearing)
  • Disbursements allowed in accordance with Rule 45.30; and
  • A success fee of 12.5% of the Stage 1 and 2 Fixed costs
  • A100% success fee of the relevant Stage 3 Fixed costs (depending if a paper or oral hearing)
    
• Claimant obtains judgement against defendant for an amount of damages that is equal to or more than the claimant's offer.
  • Interest on the whole of the damages awarded
  • Fixed costs - £250 (paper hearing) or £500 (oral hearing)
  • Disbursements; and
  • A success fee of 12.5% of the Stage 1 and 2 Fixed costs
  • A 100% success fee of the relevant Stage 3 Fixed costs
  • Interest on those costs.

Interim Payments

• Where subsequent medical reports are required and both parties agree to “stay” the process for a required period of time, an automatic interim payment of £1000 will be payable by the defendant.
• The interim payment of £1000 is in respect of general damages.
• If the claimant requests an interim payment of more that £1000, the amount in excess (of £1000) is in relation to pecuniary losses.
• The claimant must send evidence of pecuniary losses and disbursement with the settlement pack.
• Where the claimant is a child and an interim payment is required then proceedings must be started under CPR part 7 and an application made in those proceedings.

Process

• Request for an interim payment of £1000
• Request for an interim payment of more than £1000

Interim payment of £1000

• The claimant will send the initial medical report/s with the interim settlement pack to the defendant.
• receiving the interim settlement pack
• Where the defendant does not comply with the request then the claimant may commence proceedings under Part 7 of the CPR and apply to the court for an interim payment in those proceedings.
• If proceedings are necessary then the claimant must give notice to the claimant that the claim will no longer continue within this process.
• If notice is not given by the claimant to the defendant within 10 days after the expiry of the time period within which to make payment the claim will continue within the MOJ process

Interim payment of more than £1000

• If the defendant pays the amount of £1000 or an amount more than £1000 but less than the amount requested by the claimant, the defendant must explain in the interim settlement pack why the full amount requested by the claimant is not agreed.
•  Where the defendant does not comply with the request for an interim payment then the claimant may commence proceedings under Part 7 of the CPR and apply to the court for an interim payment in those proceedings.
• If proceedings are necessary then the claimant must give notice to the claimant that the claim will no longer continue within this process.
• If notice is not given by the claimant to the defendant within 10 days after the expiry of the time period within which to make payment the claim will continue within the MOJ process

Claims involving children:

Stage 1

• A “child” is a person under 18 years
• The stage 1 process will continue as set out in the standard process. However there is a question in Section A on the CNF (Form RTA1) asking ‘is this is a child claim’.
• The claimant solicitor will ensure that the person providing instructions on behalf of the child is the appropriate person to do so.

Stage 2

Child claim- Interim Payments

• The interim payment provisions do not apply where the claimant is a child. Where an interim payment is reasonably required, the claimant must commence proceedings under Part 7 of the CPR and an application for an interim payment can be made within those proceedings. Rule 21.10 provides that no payment which relates to a claim by a child is valid without the approval of the court.

Settlement agreed at Stage 2 where the claimant is a child

• Where there is a settlement at Stage 2 in respect of a claim involving a child the claimant solicitor will make an application to the court for approval of the settlement –“settlement hearing”.
• The claimant solicitor will need to file and serve with the claim form:   
  • court proceedings pack (Part A) Form copies of medical reports
  • evidence of special damages
  • evidence of disbursements
  • any notice of funding
  • the draft consent order
  •  the advice from counsel, solicitor or other legal representative on the amount of damages; and
  • a statement verified by a statement of truth signed by the litigation friend which confirms whether the child has recovered in accordance with the prognosis and whether there are any continuing symptoms. This statement will enable the court to decide whether to order the child to attend the settlement hearing.
• The claimant’s solicitor will arrange for the appointment of a litigation friend on behalf of the child.
• The hearing will always be oral
• Costs – Settled at Stage 2

Settlement at Stage 3 where the claimant is a child

• Where a settlement has been reached after proceedings have started under Stage 3 procedure, the claimant must make an application to the court to approve the settlement
• The claimant solicitor will need to file and serve with the claim form:   
  • court proceedings pack (Part A) Form
  • copies of medical reports
  • evidence of special damages
  • evidence of disbursements
  • any notice of funding
  • the draft consent order
  • the advice from counsel, solicitor or other legal representative on the amount of damages; and
  • a statement verified by a statement of truth signed by the litigation friend which confirms whether the child has recovered in accordance with the prognosis and whether there are any          continuing symptoms. This statement will enable the court to     decide whether to order the child to attend the settlement hearing.
• The claimant’s solicitor will arrange for the appointment of a litigation friend on behalf of the child.
• The hearing will always be oral
• Costs – Settled at Stage 3

Settlement is not agreed where the claimant is a child and proceeds to Stage 3 contested hearing

• Where a settlement cannot be reached at Stage 2 in respect of a claim involving a child, the claimant must send to the defendant the Court Proceedings Pack (Part A and Part B) form B.
• Court Proceedings Pack form A has details of all the losses the claimant is claiming, value and the defendant’s response
• Court Proceedings Pack form B details the parties final offers
• The defendant should check the Court Proceedings Pack
• If the defendant considers the Court Proceedings Pack does not comply then it must be returned to the claimant within 5 days with reasons.
• The claimant solicitor will need to file and serve with the claim form: 
  • court proceedings pack (Part A) Form
  • court proceedings pack( Part B ) Form ( the claimant’s and defendants final offers) in a sealed envelope
  • copies of medical reports
  • evidence of special damages
  • evidence of disbursements
  • any notice of funding
• The claimant’s solicitor will arrange for the appointment of a litigation friend on behalf of the child.
• The hearing will always be oral
• Costs – Settlement at Stage 3 Contested Hearing

Certificate of Recoverable Benefits