Kerry Underwood

PORTALS, PART 8 AND PART 7

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In Lyle v Allianz Insurance plc Case No A00CH865, Chester County Court 21 December 2017

the Circuit Judge , on appeal , considered whether the court has a power to direct that proceedings that were issued pursuant to CPR 8, to protect the claimant’s position on limitation, but were stayed to allow compliance with the RTA Protocol, pursuant to Paragraph 16.2 of Practice Direction 8B, could be directed to continue as Part 7 proceedings.

There is no reported authority on this point.

The defendant submitted that where the claimant wished to proceed for a sum above the portal limit, then it had to start fresh proceedings under Part 7.

The Circuit Judge, as had the District Judge, rejected that submission and held that the court had power to direct that such a matter could continue as Part 7 proceedings.

Nevertheless, on the particular facts of this case, the District Judge had been correct to refuse to lift the stay, effectively meaning that the claim was struck out.

There had been years of delay by the claimant in seeking to exit the portal, due to value, even though it now valued the claim at over £200,000.00, as compared with the upper portal limit at the time of £10,000.00.

Even now, six years on the schedule of loss was described as “provisional.”

The defendants had been prejudiced in that they had been unable to object to the choice of medical experts, as the portals, being streamlined procedures, do not allow for that.

The Circuit Judge also said that the White Book was plain wrong on this point.

 

Quelle Surprise.

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Written by kerryunderwood

May 10, 2018 at 8:22 am

Posted in Uncategorized

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