MOJ Portal Analysis for EL and PL claims

01 Jun 2021

The casualty team has prepared a report analysing the latest portal statistics for employers’ liability (EL) and public liability (PL) claims.

The report can be seen here.

The statistics reveal the following key points:

  • A decrease by approximately 9.38% in the number of CNFs sent/received for EL claims when comparing the average for 1 February to 30 April 2021 (Q3 2021) with the corresponding period for the previous year. In comparison, there was also a larger decrease by approximately 15.27% in the number of CNFs sent/received for PL claims when comparing the average for Q3 2021 with the corresponding period for the previous year.
  • It is predicted that there will be a gradual increase in the number of submitted EL and PL claims as a result of Covid-19 restrictions being lifted.
  • The number of stage 1 exits for EL claims has decreased from an average of 4,327 per month during Q3 2020 to an average of 2,910 per month during Q3 2021, which is a decline of 32.75%. In comparison, the number of stage 1 exits for PL claims has decreased from an average of 6,577 per month during Q3 2020 to an average of 4,430 per month during Q3 2021, which is a decline of 32.64%.
  • Nearly 50% of all EL and PL claims exit the portal at stage 1 but there has been a gradual decline each year. It is predicted that the majority of exits from the portal will continue to occur at stage 1, which is supported by the statistics for previous years along with the current statistics for 2021.
  • There has been a continued decline in the number of stage 2 exits but this has had no real impact on claim numbers in the portal.  Covid-19 has impacted on the number of stage 2 exits with fewer EL and PL claims exiting the portal since April 2020, which tallies with the fact that fewer claims were submitted to the portal during this period. Interestingly for EL claims, higher numbers exited at stage 2 in April 2021, which can be attributed to a small surge in the number of EL claims submitted to the portal during March 2021.
  • The number of EL and PL claims that left the portal using the exit function decreased by approximately 30% when comparing Q3 2021 to Q3 2021.
  • The number of court packs created for EL and PL claims decreased by approximately 30% when comparing Q3 2021 to Q3 2020.

Overall trends

  1. Overall statistics continue to show that nearly 50% of EL and PL claims exit the portal at stage 1, whilst much lower numbers of claims exit the portal at stage 2. During 2021 (1 January to 30 April) there has been a decrease in the number of stage 1 exits for both EL and PL claims and it will be interesting to see whether this trend continues for the rest of the year. The recent statistics also indicate that proportionately more EL than PL claims exit the portal at stage 1 in comparison to the number of claims that are submitted.
  2. Overall trends indicate that the number of exits at stage 2 will unlikely change to any great extent but the figures for 2020 and 2021 (1 January to 30 April) show that there continues to be a decline in the number of exits at stage 2. It should be noted that the statistics for 2020 stand out in comparison to previous years due to the sharp decline in submitted EL and PL claim numbers. It is predicted that claim numbers will continue to rise but they may not go back to pre-coronavirus levels.
  3. The statistics reveal that the average amount of general damages offered is gradually increasing each year. It can be seen that any increase is predominately due to inflation and the JC Guidelines being updated. It is predicted that there will be continue to be a slight increase each year in the average amount of general damages offered taking into account inflation. There has been an increase in the amount of average damages offered by approximately 3% when comparing 2021 to 2020.
  4. The number of CNFs submitted in the portal from 31 July 2013 to 30 April 2021 for EL claims totalled 334,029 whilst the total number of CNFs submitted for PL claims during this period totalled 444,975. These statistics show that more PL claims are being submitted in the portal each month compared to EL claims and it is expected that this will continue to be the case.
  5. During Q3 2021, 8,889 PL claims were submitted in the portal. In comparison, 7,565 EL claims were submitted in the portal during this same period. The difference in numbers between EL and PL claims has remained consistent since the portal was introduced for low value EL and PL cases. It can be seen that PL claims cover a larger spectrum of cases from occupiers’ liability and highway claims to landlord and tenant claims and sports injury claims etc.
  6. The highest numbers of claims continue to exit the portal using the other exit function for “other” undefined reasons. There also continues to be a large number of exits as a result of claims requiring further investigation or being duplicated. It is predicted that these trends will remain during 2021, which is currently supported by the reported statistics for Q3 2021.
  7. It remains the case that the highest numbers of exits at stage 1 are due to liability decisions not being provided in time. However, there has been a gradual decline in the number of claims exiting for this reason but the decline each year has been relatively modest.
  8. The highest number of stage 2 exits are as a result of defendants not responding to the stage 2 settlement pack in time. In addition, a high proportion of stage 2 exits are due to defendants disputing the stage 2 settlement pack.
  9. The current figures for 2021 (1 January to 30 April) show a small increase in the number of stage 2 settlements when compared to the number of stage 2 settlements during 2020. However, the number of stage 2 settlements in 2021 is still lower than the figures for previous years even when taking into account the fact there has been a substantial decline in submitted claim numbers.

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

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Simon Jones

Simon Jones

Partner,
Manchester


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