A leading independent medical reporting organisation has responded to an academic’s call for an overhaul of the claims process before the government presses ahead with plans to increase the small claims limit from £1,000 to £5,000.
Reacting to comments made by Cardiff Law School academic Annette Morris at the Westminster Legal Policy Forum that ministers must ‘adapt’ the claims system and portal to handle litigants in person (LiP) before considering raising the small claims limit, David Stothard, an expert in the medical and legal aspects of personal injury claims and director of MAPS Medical Reporting says that for LiPs not to struggle with the claims process would require a complete overhaul of the system.
The intervention follows confirmation from Justice Secretary David Lidington that the current government intends to proceed with a proposed Civil Liability Bill, which would see a 100% increase in the small claims limit for all non-road traffic-related personal injury cases and a fivefold increase in the limit for road accident cases.
“The idea of a system able to withstand thousands of lay people bringing forward claims up to the value of £5,000 – some of which would be medically complex - without help from qualified solicitors, takes quite a leap of imagination. It is incredibly ambitious, bordering on fanciful. Is the government tied up as it is with Brexit really going to commit to the kind of huge IT project that will be required to deliver a workable and fair system?” Mr. Stothard asked.
“It’s extremely questionable if there is the political will for the substantial investment required and without it the likely outcome is chaos and gross unfairness. An implementation date of April 2019 as is currently being mooted by commentators is starting to look somewhat unlikely.”
MAPS Medical Reporting argues that without substantial changes to the claims portal, it would be near-impossible for litigants in person to effectively use the MedCo system.
David Stothard, Managing Director of MAPS Medical Reporting said: “Ms. Morris – repeating a government line - says that most minor injury claims are ‘straightforward and routine’, however the automated portal and MedCo systems are far from it.
“Selecting and appointing appropriate medical experts and procuring accurate medical reports are essential to lodging a claim and getting the best outcome for injured people. Unless the government really doesn’t care about the quality of the medical evidence or for that matter justice, you have to ask, if qualified professionals from major law firms have raised concerns about the efficacy and ease of dealing with MedCo, how will injured lay people cope?”
(Source: MAPS Medical Reporting)
