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APIL
published their response to the
Ministry of Justice reforms process consultation today.
The Ministry is seeking to make the personal injury process more efficient
and more cost effective, for the benefit of both the defendant and Claimant
involved in the case.
APIL have stated that they do not agree with the proposal to increase the
fast-track limit from the current £15,000 level, to £25,000. This would
result in cases be allocated to the fast-track that are simply not suitable
that particular track, given the inconsistency that remains in many county
courts in terms of how such cases are handled.
Further comments were made regarding the liability process, which very often
is subject to delay and unnecessary argument. APIL would like to see quicker
admissions of liability in straightforward cases as this will negate the
need for After The Event insurance (ATE) and reduce costs overall, not least
on success fees.
APIL members did not agree that the introduction of software or similar
tools to value accident compensation
damages would be appropriate as this would lead to inflexibility and remove
the scope to assess each individuals case on its own merit.
The introduction of "fixed costs" across the board should only be considered
if the amount of work done by solicitors could also be fixed. By this APIL
meant that unnecessary argument, additional unnecessary work and demands on
the system when negotiating the claim would have to be reduced if lawyers
were to stay within certain inflexible costs boundaries.
It is accepted that low value or simple
compensation cases need not be subject to ATE policies. It is important
to reduce costs when dealing with such claims but again this has to be
mirrored by genuine and efficient claims handling by insurers.
Claims involving multiple parties and or other complexities should be
removed from any new process.
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