PORTALS AND FIXED RECOVERABLE COST: 76 FAQ’S
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WHIPLASH AND MEDCO
Q1 Is the scheme confined to neck and associated injuries?
Q2 If the claim exits, or falls outside the portal do these whiplash/MedCo rules still apply?
Q3 Is use of MedCo compulsory?
Q4 Have pre-medical offers been banned?
Q5 What is the timescale for expert accreditation?
Q6 Can the report be prepared by someone who has treated the claimant?
Q7 When did fixed costs soft tissue medical reports come in?
Q8 When did the requirement to use MedCo in such cases come in?
Q9 What happens if I instructed an expert before 6 April 2015 but the CNF until on or after 6 April 2015?
Q10 Do the fixed costs medical report rules apply throughout the Fixed Recoverable Costs Scheme as well as the portal?
Q11 Does the Accreditation Scheme apply to FRC as well as the portals?
Q12 Does MedCo apply to EL (Employers Liability) and PL (Public Liability) matters?
Q13 Do the fixed medical report costs provisions apply to EL and PL claims?
Q14 Is a motorcyclist “an occupant of a motor vehicle” for the purposes of the definition of a soft tissue injury claim under the RTA Protocol?
Q15 What about a person in a side-car?
Q16 In EL/PL portal claims do you need to nominate a medical expert?
Q17 Is there any guidance as to appropriate fees for medical reports in cases where medical report fees are not fixed?
PREVIOUS CLAIMS HISTORY
Q18 When does the requirement to provide previous claims history apply?
Q19 Do the claimants’ previous claims history provisions apply to EL and PL claims?
Q20 Is it compulsory to use the portals?
Q21 Can a claim which exits the portal re-enter it?
Q22 Does the portal cover protected parties?
Q23 Does it cover cases where personal representatives are involved?
Q24 Does it cover children?
Q25 Does it cover bankrupts?
Q26 Is £25,000 the true upper limit of the portal?
Q27 What are vehicle related damages?
Q28 Does it cover MIB untraced driver claims?
Q29 Does it cover MIB uninsured drivers claims?
Q30 What happens if the claim becomes worth more than the limit?
Q31 What happens if the CNF is sent to the wrong defendant?
Q32 What happens if the claimant reasonably believes the claim is worth at least £1,000, and thus is above the small claims limit, but it then becomes clear that it is worth less than £1,000?
Q33 If an insurer does not respond to the CNF and the matter exits the portal can you issue proceedings without the need for a letter of claim?
Q34 Is there any case law on what constitutes complexity for the purposes of justifying taking the matter out of the portals?
Q35 Where personal injury damages are under £25,000 but the claim far exceeds that level because of the vehicle related damages which do not come into play for the upper limit the matter will be commenced in the portal. If it falls out for any reason what costs regime applies?
EL AND PL
Q36 What happens if the claimants are considering applying for a Group Litigation Order?
Q37 What if there are complex issues of fact or law?
Q38 In a dog bite case against individual defendants what protocol and what costs regime applies?
FIXED RECOVERABLE COSTS
Q39 Can a claim that never entered a portal go to Fixed Recoverable Costs?
INFANT APPROVAL SETTLEMENTS
Q40 What fees do I get in relation to advice on an Infant Approval Settlement?
EXITING THE PORTAL
Q41 If the settlement monies and costs are not paid by the insurance company within 10 days can I exit the portal and issue proceedings?
Q42 If the defendant insurers fail to pay the medical fee with the Stage 1 costs on a soft tissue matter can I drop the claim out of the portal?
Q43 I recently completed an NI claim form for an RTA cases and in years gone by I would simply put “to be assessed” in the box where it asks for solicitors costs. It no longer lets you type that in so I just put a fairly conservative figure down based on fixed recoverable costs. The form was returned back to me saying they can’t issue the claim because my costs are too high. I don’t understand this at all. Even under Fixed Recoverable Costs there is a table and the costs recoverable depend on what stage you get to and is also linked to the settlement account. The figure I put down was comfortably below the maximum costs recoverable, so in summary what figure am I supposed to put in that box?
Q44 I want to settle a claim that has fallen out of the portal without proceedings being issued. The level of costs is thus fixed by CPR 45.29C. The insurers have offered to pay agreed damages but there is no reference to costs.
Do I still need agreement to pay costs?
Q45 If a case drops out of the portal after Stage 1 costs have been paid and Part 7 proceedings are issued does credit have to be given for those Stage 1 costs against FRC?
Q46 Is a Pre-Action Disclosure Application in a claim that has exited the portal as interim application for costs purposes?
Q47 What fee do I get?
Q48 What is the position with multi-claimant matters? Do you get just one fee or one for each claimant?
Q49 How is the advocacy fee calculated if you are representing more than one claimant?
Q50 Is counsel’s fee for drafting pleadings every recoverable in an FRC case?
Q51 Is counsel’s fee for a conference every recoverable in an FRC case?
Q52 If I instruct counsel to conduct the advocacy in an FRC case and it settles is any fee recoverable in respect of counsel?
Q53 Is counsel’s fee recoverable from an interim application?
Q54 Does the advocacy fee vary depending on who undertakes the advocacy?
Q55 Can I ever recover an extra fee for counsel in the portal?
Q56 Is there any definition of “reasonably required”?
Q57 Can I recover the costs of counsel advising in liability in the portal?
Q58 How much is that fee?
Q59 Can I instruct another firm of solicitors instead?
Q60 Can I instruct a specialist solicitor in my own firm and get the entire fee?
Q61 I signed my client up to a CFA before 1 April 2013 but have only just issued the CNF. Can I recover the success fee?
Q62 I have a child’s RTA claim from 2007. Does this go into the portal?
Q63 Does the 12.5% London uplift apply in the portals?
Q64 I have a claim where there are two claimants and one claim is valued at £4,000 and one is valued at £9,000. How do I calculate the court issue fee?
Q65 Does QOCS apply to portal claims?
Q66 Does QOCS apply to FRC claims?
Q67 Does QOCs apply to Pre-Action Disclosure applications?
Q68 Does QOCS apply to other interim applications?
Q69 Does section 57 Criminal Justice and Courts Act 2015 apply to portal claims?
Q70 Does section 57 apply to FRC claims?
Q71 I have a small claims track case that has ended up in the Court of Appeal. Are costs payable/recoverable?
Q72 Is a Noise Induced Hearing Loss claim covered by the EL/PL portal?
Q73 If it exits the portal does it go to FRC?
Q74 What is your authority for stating that NIHL claims are disease claims?
Q75 Are members of the Armed Forces employees for the purposes of the EL/PL portal?
Q76 What happens to such claims?