Stopping claims being incubated in the portal
Where we see extreme examples of this abuse of the portal process, the claimant’s claim should be struck out
Portal incubation is a claimant tactic of artificially maintaining a claim in the portal when the value is likely to exceed £25,000.
It is sadly still quite common for defendants to receive notification that a claim is no longer suitable for the portal either with proceedings on the expiry of the limitation period, or in the form of an application to end a Part 8 portal stay; in either case accompanied by a raft of medical reports and a well developed case on quantum.
The disadvantages for the defendant in respect of this behaviour are:
- Risk of under reserving
- It becomes more difficult to challenge the claimant's narrative in respect of quantum and causation when the claim is eventually presented
- Indemnity spend is increased due to the additional costs
- Lifecycle/elapsed days increase with the associated costs of unreleased reserves and
- The claimant becomes conditioned to expect a significant award or settlement.
As with our previous piece on claimants pleading ‘TBC’ in respect of past losses, we think that this too is a behaviour that can be corrected quickly with a more consistent response from defendants.
Where we see extreme examples of this abuse of the portal process, the claimant’s claim should be struck out as per Lyle v Allianz Insurance PLC.
Failing this, the claimant should be limited to portal costs for all of the time spent on their claim up until the point when they eventually decide to remove the claim from the portal.
We have prepared a suite of standard letters for use prior to litigation in order to discourage this costly behaviour. However, if that doesn’t work, the letters protect your position and help build a case so that this tactic can be taken on during the litigation process.
If you would like more information on how best to stop portal incubation, fill in the form and a member of our team will be in touch to discuss further.