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 are uneconomic under the current “one size fee fits all”

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll