Ministry of Justice (MOJ) Portal Extension Effective 31

st July 2013

Following on from our bulletin earlier in the year the

changes are still scheduled to take place on the 31st

July 2013. This is a quick reminder of the changes and

deadlines.

Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims will be introduced alongside a new portal to deal with appropriate employers’ and public liability claims up to £25,000. At the same time, the existing motor claims portal will be extended to cover claims worth up to £25,000 but the liability response period will remain 15 days for motor claims. The portal extension will see all employers’ and public liability claims valued from £1,000 up to £25,000 and with an accident date on or after 31 July 2013 (letter of claim on or after 31 July 2013 for disease claims) being transacted via an online electronic portal with the following exclusions:

Public Liability (PL) claims against an individual. Claims under £1,000 or over £25,000 in value. Employers’ Liability (EL) disease claims with

more than one defendant. All PL disease claims.

Where defendant or claimant is deceased or a protected party.

An accident or breach of duty outside England and Wales.

Abuse claims, mesothelioma, clinical negligence.

Where the claimant is bankrupt. Where the defendant is insolvent and

uninsured. In addition to the above, a claim which starts in the portal may exit if:

The damages value increases above £25,000. The damages value falls below £1,000. Liability is denied or contributory negligence

alleged. Fraud is alleged.

Failure to meet certain deadlines will mean any

action will be removed from the Portal:-

10 working days for an insurer to pay stage 1 costs after receipt of claimant’s medical report/offer.

15 working days for an insurer to respond to claimant’s settlement offer.

20 working days for an insurer to conclude quantum negotiations.

20 working days for a defendant to provide earnings information following an admission of liability.

30 working days to admit liability for EL claims.

July 2013

2

40 working days to admit liability for PL claims.

Remember the clock starts ticking

Remember – the clock starts ticking the first business day after the information is sent to the insurer/defendant, so if the Claims Notification Form goes directly to the defendant, the timeline begins the following working day and not the day after it is then sent to the insurer.

Hints and Tips

The following are some hints and tips to help you

prepare yourselves and be able to help aid your

insurers meet the deadlines.

Prompt reporting of claims and early supply of all relevant accident documentation, is essential in order to enable prompt liability decisions and compliance with the very tight portal timescales. If the portal timescales are not complied with, then claims will not be kept within the portal and the opportunity for significant costs savings will be lost.

Carry out proactive and thorough investigation of accidents.

Retain accident and investigation documentation in an organised way.

Make your insurer details easily accessible. Ensure all your locations are on the lookout for

Claims Notification Forms and know what to do upon receipt.

Report immediately to Thomas Carroll upon receipt of a Claim Notification Form from a claimant’s solicitor for further guidance.

Notify Thomas Carroll pre-claim, of accidents which you believe are likely to give rise to a claim.

Respond promptly and fully to any requests for information or site investigation by Thomas Carroll and your insurer.

Failure to help your insurers keep a claim within the

Portal will result in an increase of costs. This will

directly result in an adverse effect on your claims

experience.

Seminars

We will shortly be releasing information on our

website about seminars that we will be holding on this

subject in South and West Wales. Please visit our

website www.thomas-carroll.co.uk

Thomas Carroll Management

Services

To effectively investigate workplace accidents and

understand the importance of reporting incidents,

Thomas Carroll Management Services provide a range

of support services and training courses which can

assist you. For more information please contact

Victoria Thomas on 02920 853 752 or email

victoria.thomas@thomas-carroll.co.uk.