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More delays by the MoJ regarding personal injury reform

Ministry of Justice once again delay release of the long awaited personal injury reform process

Please read our update on the April 2010 personal injury "fast track" reforms.

The MoJ have come under fire this week for failing to release on time the latest in a series of consultation documents promoting the reform of the personal injury process in England and Wales.

Both claimant and defendant lawyers are criticising the delay which only serves to promote more uncertainty. The reforms will incorporate many new initiatives aimed at reducing time and costs - but ironically the changes will need manpower and planning to implement which in itself for many organisations, will involve huge expense.

Some of the changes proposed are as follows:

  • Fast track level increased from £15,000 - £25,000 (this means that ALL personal injury claims under £25k will fall into this general category - around 75% of claims)
  • Claimant lawyers have 5 working days to notify defendant/insurer of claim
  • Limited liability investigations
  • Insurer to respond on liability in depending on the type of claim: 15 working days if motor claim; or 30 days for employer/public liability claim
  • 15 day settlement pack
  • 10 or 20 days for counter offers
  • Rehabilitation procedures included Fixed 'procedural' costs
  • If liability denial not accepted then fixed costs do not apply
  • No AEI premium recoverable where liability is admitted or claim less than £2,500

More news is expected shortly and we will publish information here on this website as and when we receive it.