Kerry Underwood

PORTALS AND FIXED RECOVERABLE COST: 76 FAQ’S

with 2 comments


If you can answer most of these questions then there is no need to book for Kerry on Tour; if you can’t then click here.

 

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?

 

MEDICAL REPORTS

 

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?

 

GENERAL

 

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?

 

FEES

 

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?

COSTS

 

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?

 

ADVOCACY

 

Q49        How is the advocacy fee calculated if you are representing more than one claimant?

 

COUNSEL

 

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?

 

SPECIALIST SOLICITORS

 

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?

 

CFAs

 

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?

 

QOCS

 

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?

 

 

SECTION 57

 

Q69        Does section 57 Criminal Justice and Courts Act 2015 apply to portal claims?

Q70        Does section 57 apply to FRC claims?

MISCELLANEOUS

 

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?

 

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Written by kerryunderwood

April 28, 2015 at 10:10 am

Posted in Uncategorized

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  1. […] Kerry Underwood on Portals and fixed recoverable costs: 76 FAQ’s  […]

  2. […] PORTALS AND FIXED RECOVERABLE COST: 76 FAQ’S […]


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