MOJ Portal – The Key to Success

The Law Firm of The Futurewww.plexuslaw.co.uk

Challenges Practicalities OpportunitiesThe new MOJ reforms and extended EL/PL and RTA Portals (and fixed fees) have been implemented to a chorus of outrage and dismay by the claimant fraternity but the belief of those acting on behalf of defendants is that the playing field has now been levelled.

These are the most revolutionary reforms in decades, eclipsing the Woolf reforms and the advent of the CPR in 1999. Much has already been written about the reforms but without an analysis of the practicalities and tactical opportunities they present to defendants.

Portal – A Practical Guide The Portal is being extended to personal injury claims up to £25,000 including both RTA and EL/PL.

The new protocol for EL/PL claims will commence at the end of July 2013. The CNF (Claim Notification Form) is still awaited but it is likely to be similar to the RTA CNF and will be a form that is simple and quick to complete. Claimants themselves will be able to complete the form. The RTA Portal has been extended initially to increase the value to £25,000 but the liability response time remains 15 days.

The primary areas of note in respect of the EL/PL Portal are:

• Cases will only be included if the accident date is after 31 July 2013.

• The trigger date for EL only disease claims (one defendant) is the date of the letter of claim.

• A new FRC (Fixed Recoverable Costs) regime for cases both within and outside the pre and post litigation Portal will commence.

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• If EL disease cases (only one defendant) fall outside the Portal then the claims will proceed on the existing standard hourly rates. PL disease and EL disease with more than one defendant and mesothelioma claims remain unaffected.

• The timescales for a liability response are:a) EL – 30 working days (six weeks).

b) PL – 40 working days (eight weeks).

• The period for a response starts the first business day after the CNF is sent to the party.

An overview flowchart showing the Portal process is attached together with the FRC (Fixed Recoverable Costs) regime.

Challenges The following will be anticipated tactics used by claimants and thus challenges:

• It remains to be seen how claimants will use the ELTO (Employers’ Liability Tracing Office) as delays can be experienced in obtaining insurer information via the ELTO.

• Without the identity of an insurer being known in EL or PL cases then claimants are likely to serve a CNF via first class post on a business address (likely to be the accident location).

• For disease cases claimants will attempt to include more than one defendant wherever possible.

• Claims are likely to be inflated to try to exceed the £25,000 Portal limit.• Claimants will contend that without an electronic acknowledgement to the

CNF by email the next working day, then the case falls outside the Portal.• PADs (Pre Action Disclosure Applications) are still likely to be made so that

Cl’s solicitors can supplement income if there is no full liability admission within Stage 1 of the Portal.

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Practicalities • Education and training is required to ensure an immediate email

acknowledgement is sent within 24 hours once a CNF is received.• Liability decisions ideally should be made as soon as possible once

accident investigations are concluded and before the CNF is even received. This will ensure that a full liability admission can be made well within the 15/30/40 day period and the benefit of the Stage 1 fixed costs gained (£200 RTA/£300 EL/PL).

• An email enclosing the CNF should be sent to the insurer at the same time as the email acknowledgement to the claimant’s solicitors and standard brief emails should be drafted.

• A tight diary system or Portal amended case management system is required to keep within the strict time limits.

• If the claim falls out of Portal Stage 1 then a detailed denial together with relevant supporting documentation should be served as soon as possible to avoid a PAD.

Opportunities Our focus is to keep claims within the Portal due to the low fixed fees which are:

Portal fees

Claims of £1k-£10k

Stage 1 Stage 2 Total

Claims of £10k-£25k

Stage 1 Stage 2 Total

Claims up to £25k

Stage 3EL/PL Claims

£300 £600 £900 £300 £1,300 £1,600 £250 paper hearing

£500 oral hearing

Claims of £1k-£10k

Stage 1 Stage 2 Total

Claims of £10k-£25k

Stage 1 Stage 2 Total

Claims up to £25k

Stage 3RTA Claims

£200 £300 £500 £200 £600 £800 £250 paper hearing

£500 oral hearing

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• Consideration should be given to a section on a corporate defendant’s website to confirm the identity of the insurer or TPA handling the claim. This is advisable so there are costs arguments if the CNF is then sent to a business address and not responded to within one day.

• Contributory negligence arguments should not, in the ordinary course of events, be used in lower value claims as these will take the claim outside the Portal and increase spend.

• Early accident notifications and liability decisions should be made even before the CNF is received.

• Subsidiary companies should have the same processes as larger parent companies.

• There should be a documented process for the post room/admin teams to ensure CNFs are acknowledged to claimant solicitors and sent to insurers immediately on receipt with a specified form of email wording.

• At Plexus Law we have had an MOJ Steering Group in place to fully understand and embrace the new reforms. Our sophisticated case management systems and processes interact with the Claims Portal via A2A (Application to Application) and interface directly with the Portal to transfer and receive information instantaneously between the two systems eliminating the need to use the Portal User Interface and ensuring a streamlined efficient process to keep all appropriate claims within the Portal.

• Clients should register with the Portal company which can be found at the following web address:

http://rtapiclaimsprocess.org.uk/

Contact UsFor any further information or to discuss Portal strategy please contact:

Anthony Baker or Laurence IvesT: 0844 2454100E: anthony.baker@plexuslaw.co.ukE: laurence.ives@plexuslaw.co.uk

The Law Firm of The Futurewww.plexuslaw.co.uk

Yes  

Stage  1  

Accident  a,er  01/08/13  

Outside  new  protocol  

Does  the  claim  include  personal  injury  but  not  exceed  £25k  in  overall  value  (and  does  

not  fall  into  para  4.3  excepIons)?  Stage  1  

Defendant’s  insurer  idenIfied?  

Insurer/defendant  sends  electronic  acknowledgement  

to  claimant  

Defendant  sends  electronic  acknowledgement  to  

claimant?  

Defendant  sends  CNF  to  insurer  

Insurer  send  electronic  acknowledgement  to  

claimant  

Outside  new  protocol  

Insurer  completes  CFN  response  and  sends  to  claimant  

STAGE  2  (Quantum)  

Outside  new  portal  

Outside  new  portal  

Outside  new  protocol  

Full  admission  of  liability  (i.e.  no  contributory  negligence)?  

Outside  new  protocol  

Next business day: Deemed date of service

Claimant  sends  CNF  to  insurer  and  defendant  (def  only  CNF  to  defendant  

via  Portal  or  1st  class  post)  

Claimant  sends  CNF  to  defendant  only  (via  Portal  or  1st  class  post)  

Deemed date of service +1 day

Deemed date of service +30 days

Yes  

Yes  

Yes  

Yes  

Yes  

Yes  

Yes  

No  

No  

No  

No  No  

No  

No  

No  

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Pre issue £1,000 - £5,000

Pre issue £5,001 - £10,000

Pre issue £10,001 - £25,000

Issued - Post Allocation Pre allocation

Issued - Post Allocation Pre listing

Issued - Post Allocation Pre trial

Trial - Advocacy fee

Case settles before issue

Case settles before issue

Case settles before issue

Employers LiabilityFixed Costs £950 +

17.5% of Damages

£1,855 + 12.5% of Damages over £5k

£2,500 + 20% of Damages over £10k

£2,630 + 20% of Damages

£3,350 + 25% of Damages

£4,280 + 30% of Damages

£485 (to £3,000) £690 (£3-10,000) £1.035 (£10-15,000) £1,650 (£15,000+)

Escape +20% +20% +20% +20% +20% +20% N/APublic LiabilityFixed Costs £950 +

17.5% of Damages

£1,855 + 10% of Damages over £5k

£2,370 + 10% of Damages over £10k

£2,450 + 17.5% of Damages

£3,065 + 22.5% of Damages

£3,790 + 27.5% of Damages

£485 (to £3,000) £690 (£3-10,000) £1,035 (£10-15,000) £1,650 (£15,000+)

Escape +20% +20% +20% +20% +20% +20% N/ARoad Traffic AccidentFixed Costs Greater of

£550 or £100 + 20% of Damages

£1,100 + 15% of Damages over £5k

£1,930 + 10% of Damages over £10k

£1,160 + 20% of Damages

£1,880 + 20% of Damages

£2,655 + 20% of Damages

£485 (to £3,000) £690 (£3-10,000) £1,035 (£10-15,000) £1,650 (£15,000+)

Escape +20% +20% +20% +20% +20% +20% N/A

FRC’s (Fixed Recoverable Costs) Outside Portal:

T: 0844 245 4000www.plexuslaw.co.ukOffices in London, Leeds, Manchester and Colchester

Plexus Law is a trading name of Parabis Law LLP, a Limited Liability Partnership. Incorporated in England & Wales. Reg No: OC315763. Registered office: 8 Bedford Park, Croydon, Surrey CR0 2AP Parabis Law LLP is authorised and regulated by the SRA.