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Date: 6 November 2006
POSSIBLE DEVELOPMENTS IN THE CLAIMS PROCESS
Albert Powell, a solicitor at Buller Jeffries, also wears a number of other hats. One of those is as Midlands Regional Chairman of FOIL (Forum of Insurance Lawyers). In that role he attended an executive meeting in London on the 3rd October 2006.
Following the Woolf reforms one thing is certain and that is that litigation and related claims handling is constantly changing. Albert tells us that the following items head the changed agenda:
- The DCA (Department of Constitutional Affairs) is considering the whole claims process. There are suggestions that a standard claim is going to be introduced. The idea is to standardise claims handling and reduce lawyers’ costs. Another idea is the use of standard medical reports on low value claims.
- All the reforms appear to have as their objective streamlining the system and at the same time the reduced involvement of lawyers with the allied costs saving.
- FOIL with other organisations such as APIL (Association of Personal Injury Lawyers) and the ABI (Association of British Insurers) are trying to produce a multi track code (the current feedback is that this may turn out to be a non-starter!).
- There is speculation that the small claims track limit for personal injury cases could be increased from the current level of £1000 to £5000. The insurance industry supports this but APIL oppose it vehemently.
The DCA has also issued papers on amendments to Part 36 (offers) and Part 14 (admission of liability). There are mixed views on both topics. FOIL has replied to the papers. Changes will follow – watch this space.
Albert Powell
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