header-logo header-logo

08 June 2012 / Deborah Evans
Issue: 7517 / Categories: Opinion , Personal injury , Employment
printer mail-detail

A step too far

Deborah Evans questions the rationale behind the proposed portal extension

The consultation on the extension of the road traffic accident (RTA) claims process has left many of us confused. It’s hard to provide the answers when the questions keep changing. We are asked to suggest a new fixed-fee for claims within the portal (with a strong hint that it should be lower) for cases between £1,000 and £10,000, while at the same time hearing reports that the government is thinking of raising the small claims limit to £5,000 for personal injury cases. We know this would effectively empty the portal of all its existing claims because we know from data that 97% of claims which settle in the portal settle for under £3,500.

Hidden problem?

So where have the rest of the claims gone? Perhaps they settle outside the portal—after all, 47% of claims exit the system. Is it just that claims over the value of £3,500 require more work, taking in special damages and loss of earnings, or that they

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll