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Civil Litigation Procedure

Ministry of Justice Civil Litigation Reforms – (Jackson Reforms)

Ministry of Justice reforms for civil litigation came into effect on 1 August 2013.   The objective is to regulate claims management companies, speed up the timescales for claims that are settled and to cap third party solicitors costs.  

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All personal injury claims (where the incident occurred after 1 August 2013) made by solicitors that have a value of between £1k to £25k will have to be made through the ‘portal’. The claimants’ solicitor will need to determine who our insurer is and send the claim to our insurer who will have to acknowledge the claim within 24 hours.  

Once the claim has been acknowledged we have 30 working days to determine liability for Employers Liability claims, and 40 working days to determine liability for Public Liability claims.  To ensure these deadlines are met we will require a response to our request for documentation within 20 working days.

If liability is admitted the claim will remain in the portal and all costs are capped and fees remain low.  

If liability is not admitted the claim comes out of the portal and if successfully defended no compensation is paid but the Council cannot recover expenses or legal fees. If it is not successfully defended the Council will have to pay compensation, our own costs and escalated third party costs.

Please use the Flow Chart  for guidance on the revised claims handling procedure.

If you have any questions regarding the Jackson Reforms and the procedure to comply with the protocol please contact a member of the Risk and Insurance Team.