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Portal claims with fixed costs

The RTA PI Scheme for lower value RTA personal injury claims between £1,000 and £10,000 where liability is not in dispute was introduced for…

Portal extensions - a summary...

The RTA PI Scheme for lower value RTA personal injury claims between £1,000 and £10,000 where liability is not in dispute was introduced for accidents on or after 30 April 2010.

In February 2012, the Government confirmed that the Scheme would be extended to cover RTA and Casualty personal injury claims between £1,000 and £25,000 in value with effect from April 2013.  A Call for Evidence was issued by the Ministry of Justice (MoJ), which closed at the end of May 2012, seeking input from stakeholders on:

  • The type of cases that should be included in an extended Scheme
  • Any changes that would be needed to accommodate a broader range of cases
  • Fixed fees that should apply to the extended Scheme.

A MOJ commissioned report from Professor Fenn was published in July 2012.  Based on a limited sample of cases viewed as at April 2011, the research showed a modest reduction in the amount of costs paid to claimant lawyers and claim lifecycles.  Damages payable to claimants also reduced slightly.  Claims Portal Co Ltd (formerly RTA Portal Co Ltd) publishes an Executive Dashboard, updated quarterly, containing high level data on the Portal and the associated claims process.

New RTA and EL/PL Pre Action Protocols to support the planned Scheme extensions have been drafted.  The Civil Procedure Rules Committee has consulted on the content of the draft Protocols, with the consultation closing on 23 November 2013.  The latest draft Pre Action Protocols were published by the Ministry of Justice in February 2013.

A threatened Judicial Review by APIL caused the timeline for the proposed introduction to be halted in December 2012.  On 27 February 2013, the Ministry of Justice confirmed that the extensions to the current RTA PI Scheme would commence by end July 2013.

Latest position

  • The MoJ have published the latest Pre Action Protocols together with the supporting forms.  The implementation trigger for the new RTA Protocol is CNFs submitted on or after 31 July 2013, whilst the trigger for the new EL/PL Protocol is accidents on or after 31 July 2013 or for disease claims, a letter of claim on or after 31 July 2013. 
  • The new Protocols will be accompanied, using the same trigger dates, by the introduction of fixed fees for cases entering the extended Scheme, where the case either settles within or without the Scheme.  Where an EL Disease claim exits the extended Scheme, hourly rates will apply rather than the wrap around fixed fees.
  • The CPRC have yet to sign off finally on the new Protocols and are also working on updating the Civil Procedure Rules to reflect the new fixed fee framework.  
  • Work to develop the IT ready for July 2013 is continuing.

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