Employer’s & public liability portal “drop-outs”
A fast-track, fixed-costs regime should be set up for employer’s and public liability claims and road traffic accident (RTA) cases that “drop out” of the extended RTA portal, say insurance lawyers.
The Ministry of Justice (MoJ) issued a “call for evidence” on its proposals to extend the RTA portal to employer’s and public liability claims and higher- value RTA cases up to the value of £25,000 by April 2013.
The Forum of Insurance Lawyers (FOIL) says it broadly supports the extension. However, it wants the portal process to be kept simple and for it not to be deemed a failure when a claim has to drop out—instead a fast-track, fixed-costs regime would encourage early settlement.
Don Clarke, president of FOIL, says: “The portal is an ideal single point of entry to the claims process for all claims up to £25,000, giving claimants a simple process with which to start their claims, with the assurance of strict time limits and, for organisations, avoiding the potential for notifications being sent to the wrong departments.
“The process should be kept simple and not subject to an expensive development programme. It should not be seen as a one-size-fits-all process and, where claims need to drop out of the portal, which is more likely with employer’s liability and public liability claims, this should not be perceived as a causefor concern.”
However, NLJ columnist and City Law School Professor Dominic Regan says plans to introduce an employer’s liability portal by April 2013 are “ludicrous”.
While RTA claims are generally straightforward, an “abundant volume of law, common and statutory” applies to the workplace, he writes. Regan predicts that the “majority” of employment matters would “exit” the portal, which would delay rather than accelerate settlement.
Karl Tonks, president of the Association of Personal Injury Lawyers, says the MoJ has not done its “groundwork” and is following an “unrealistic” timetable.
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