2.2 60th & 65th Updates to Rulings

Question 1

When was the 60th update to the rulings made?

Answer 1

1 April 2013

Question 2

When was the 65th update to the rulings made?

Answer 2

31 July 2013

Question 3

What were the important changes introduced on the 60th update?

Answer 3

1. Abolition of success fees & after the event insurance premiums from winning party in relation to any Conditional Fee agreement.
2. Amendments to Part 36 of the Rules and Part 36 Offers
3. The introduction of an alternative funding procedure to Conditional Fee Agreements known as Damages Based Agreements
4. Intro of QOCS - defendant can’t recover costs if successful (but can if found to be fraudulent or dishonesty on part of Claimant), however Claimant can.
5. increase in the small claims limit for property damage claims from 5k to 10k

Question 4

What were the important changes introduced on the 65th update?

Answer 4

1. Employer’s Liability & Public Liability Portal was introduced

Question 5

65th update - what is the portal limited too?

Answer 5

Claims where the valuation of damage is no less than 1k and no more than 25k on a full legal liability basis

Question 6

65th update - explain stage one of the process?

Answer 6

1. CNF is posted onto portal by Claimant’s solicitor
2. Defendant/insurer must acknowledge within one day of receipt
3. Defendant has 30 days to investigate & confirm liability for Employer’s Liability claim / 40 days for Public Liability Claim
4. If no admission of full liability, claim leaves portal.
5. For claim to be kept in portal must show no contributory negligence or show staged accident etc
6. Admission can be withdrawn within 15 days of medical report if shows injury not due to accident

Question 7

65th update - explain stage two of portal process?

Answer 7

1. Claimant solicitor secures medical evidence regarding injury
2. Within 15 days of medical report approval, solicitor must provide defendant with a settlement pack inc report & offer
3. Defendant has 15 days to consider offer & respond
4. Non compliance with time lines - leaves portal. If unsuccessful claim moves to stage three
5. If offer is made within 15 days, 20 days given to negotiate settlement

Question 8

65th update - explain stage three of the portal process?

Answer 8

1. Involves legal proceedings
2. Governs the process of claim form and final settlement offer from Claimant
3. District judge determines value of claim

Question 9

65th update - what happens if a claim remains in the portal process?

Answer 9

Costs are payable to Claimant’s solicitor