APIL responds to government's consultation paper Case Track Limits and the Claims Process
The Association of Personal Injury Lawyers (APIL) has published its response to the consultation paper Case Track Limits and the Claims Process.
APIL said the system which the government outlines in this consultation paper is suitable only for road traffic accidents in which liability is obvious, only one medical report is needed and which have a value of less than £2,500.
Different types of case need to be treated in different ways, added the association.
APIL said in a release: “Raising the fast track limit to £25,000 means complex claims would fall into a process which is suitable only for lower value claims.”
“The fast track impedes a claimant’s ability to prove his case to the court because it places restrictions on the length of the hearing and the amount of evidence which can be put to the court.”
The association believes clear guidance should be available to district judges on the types of cases not suited to the fast track.
Rehabilitation is a crucial part of the claims process and benefits both the claimant and the defendant, said APIL. A statutory requirement to offer injured people rehabilitation on admission of liability should be introduced, it said.
APIL believes the success of the whole system depends on all parties complying with strict time limits. “We support the notion that defendants should be notified early about claims, and be able to investigate early while recollections are fresh, as this will lead to earlier admissions of liability. We firmly believe, though, that once the time limit is up, the claimant should be allowed to take steps to protect his position and to investigate his claim.”
APIL also expressed concern about the practice of insurance companies ‘capturing’ the claims of people injured by their policy holders, and persuading those injured people not to seek independent legal advice.
