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July 2013
Ministry of Justice (MOJ) Portal Extension Effective 31st July 2013 Following on from our bulletin earlier in the year the changes are still scheduled to take place on the 31st July 2013. This is a quick reminder of the changes and deadlines. Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims will be introduced alongside a new portal to deal with appropriate employers’ and public liability claims up to £25,000. At the same time, the existing motor claims portal will be extended to cover claims worth up to £25,000 but the liability response period will remain 15 days for motor claims. The portal extension will see all employers’ and public liability claims valued from £1,000 up to £25,000 and with an accident date on or after 31 July 2013 (letter of claim on or after 31 July 2013 for disease claims) being transacted via an online electronic portal with the following exclusions: Public Liability (PL) claims against an individual. Claims under £1,000 or over £25,000 in value. Employers’ Liability (EL) disease claims with more than one defendant. All PL disease claims.
Where defendant or claimant is deceased or a protected party. An accident or breach of duty outside England and Wales. Abuse claims, mesothelioma, clinical negligence. Where the claimant is bankrupt. Where the defendant is insolvent and uninsured. In addition to the above, a claim which starts in the portal may exit if: The damages value increases above £25,000. The damages value falls below £1,000. Liability is denied or contributory negligence alleged. Fraud is alleged.
Failure to meet certain deadlines will mean any action will be removed from the Portal:10 working days for an insurer to pay stage 1 costs after receipt of claimant’s medical report/offer. 15 working days for an insurer to respond to claimant’s settlement offer. 20 working days for an insurer to conclude quantum negotiations. 20 working days for a defendant to provide earnings information following an admission of liability. 30 working days to admit liability for EL claims.